Legal Opinion · Dissent

City of La Grande v. Public Employes Retirement Board

Oregon Supreme Court

Decided October 25, 1978No. TC 22993, CA 5493, SC 25230; TC 29437, CA 6129, SC 25230Published

1DissentTongue, J.

My reasons for dissent may be summarized as follows:

1. The majority would ignore the fact that all parties, including the State of Oregon, the cities of Oregon, and the unions representing Oregon policemen and firemen have rejected the distinction adopted by the majority for application of the Home Rule amendments between cases involving the "structure and procedures” of city government (in which cities would retain some limited measure of exclusive home rule power), and cases involving matters of "substantive policy,” (in which, under the newly adopted rule of "legislative supremacy,” the…

2Cases cited14 opinions

  1. Hanna v. PlumerSupreme Court of the United States · 1965
  2. Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978
  3. City of La Grande v. Public Employes Retirement BoardOregon Supreme Court · 1978
  4. Joseph v. LoweryOregon Supreme Court · 1972
  5. State Ex Rel. Heinig v. City of MilwaukieOregon Supreme Court · 1962

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