Graziano v. City Council of Canby

The majority opinion concludes first that the petitioner chose the wrong remedy, viz., writ of review, and second, that the defendant city council acted lawfully in dismissing petitioner.

I am unable to agree with either conclusion for the following reasons:

First, as I read ORS 34.040, the writ of review is clearly a cognizable remedy here under the facts and the express language of ORS 34.040 (as expanded by the 1973 amendments), which states inter alia:

"The writ shall be allowed in all cases where the inferior court, officer, or tribunal other than an agency as defined in subsection (1) of…