City of Portland v. Jackson

I dissent. The majority is correct that LaGrande/Astoria v. PERB, 281 Or 137, 576 P2d 1204, on rehearing, 284 Or 173, 586 P2d 765 (1978), Portland v. Dollarhide, 300 Or 490, 714 P2d 220 (1986), and Portland v. Lodi, 308 Or 468, 782 P2d 415 (1989), are hardly models of consistency and clarity. However, since Lodi, this court has twice analyzed state preemption law and has by now developed a coherent, workable standard that is consistent with precedent: State v. Long, 106 Or App 389, 807 P2d 815 (1991); Denton Plastics, Inc. v. City of Portland, 105 Or App 302, 804 P2d 1199 (1990)…