Davis v. Civil Service Board
Court of Appeals of Oregon
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
- Joseph v. LoweryOregon Supreme Court · 1972
- Kempf v. Carpenters & Joiners Local UnionOregon Supreme Court · 1961
- Cole v. Zidell Explorations, Inc.Oregon Supreme Court · 1976
- Coos-Curry Electric Cooperative, Inc. v. Curry CountyCourt of Appeals of Oregon · 1976
- Employment Division v. BechtelCourt of Appeals of Oregon · 1978
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