Portland General Electric Co. v. City of Estacada

ROSSMAN, J.,

SPECIALLY CONCURRING.

I concur in the majority opinion, but add the following as additional explanation for my views.

The city’s belated attack upon the sufficiency of the complaint as the statement of a cause of suit has provoked the only disparity of views which this court entertains about the case. The complaint was not challenged by motion or demurrer in the circuit court. In that court no contention was made, through objection to the evidence or in any other way, that the complaint did not state a cause of suit. No one there voiced a *171claim that the state was a necessary party,…