Legal Opinion · Concurring in part, dissenting in part

Davis v. Civil Service Board

Court of Appeals of Oregon

Decided April 23, 1979No. A 78-05-07360, CA 11570Published

1Concurring in part, dissenting in partJoseph, J.

If the majority’s conclusions on the effect of the 1977 law were only doubtful, I would defer. I believe, however, that the majority’s result can only be achieved by convolution, and that the simple and correct decision has been missed. I therefore must dissent.1

The appellants’ brief contains straightforward analysis which shows the trial court’s primary error. That language, with slight emendation, should be our opinion:

"No provision in Chapter 854 *** could be said to manifest a legislative intent that it operate [on eligibility lists already in existence at the effective date of the Act],…

2Cases cited8 opinions

  1. Joseph v. LoweryOregon Supreme Court · 1972
  2. Kempf v. Carpenters & Joiners Local UnionOregon Supreme Court · 1961
  3. Cole v. Zidell Explorations, Inc.Oregon Supreme Court · 1976
  4. Coos-Curry Electric Cooperative, Inc. v. Curry CountyCourt of Appeals of Oregon · 1976
  5. Employment Division v. BechtelCourt of Appeals of Oregon · 1978

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