Strawberry Hill 4 Wheelers v. Board of Commissioners

The majority opinion holds that an order of vacation entered by a board of county commissioners cannot be challenged by writ of review because it is a "legislative” decision.

I must respectfully disagree. My reasons are as follows: First, the court’s decision is (a) in direct conflict with ORS 203.200 and 203.120(3); and (b) contrary to the settled case law in this state recognizing the right of an interested party to challenge county road vacation proceedings by writ of review.

ORS 203.200 provides as follows:

"The decisions of the county court made in the transaction of county business shall…