Slopak v. Corrections Division

This is a declaratory judgment proceeding in which petitioner, an inmate of the Oregon State Penitentiary, sought to obtain a determination of the validity of an administrative rule adopted by respondent. Respondent demurred on the ground petitioner lacked the legal capacity to sue. ORS 16.260(2). The trial court sustained the demurrer and petitioner appeals.

Lack of legal capacity to sue is properly raised by demurrer. ORS 16.260(2). Butts v. Purdy, 63 Or 150, 168, 125 P 313, 127 P 25 (1912); Owings v. Turner, 48 Or 462, 87 P 160 (1906). In Service v. Sumpter Valley Ry. Co., 88 Or 554, 171 P…