Portland Inn, Inc. v. Oregon Transportation Commission

This proceeding, instituted by parties of which one was a petitioner in United Parcel v. Transp. Comm, 27 Or App 147, 555 P2d 778 (1976), involves a challenge to the same action of the Oregon Transportation Commission (OTC) which was challenged there. The threshhold question here is, therefore, what, if anything, remains to be decided in light of the earlier case. If OTC had raised the issue, a persuasive argument could be made that the plaintiffs are collaterally es-topped by that decision. However, because the parties did not raise collateral estoppel, the question is not whether the…