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KOCH v. CITY OF PORTLAND

TC A8509-05763; CA A39374; SC S34777, S34783.

760 P.2d 252 (1988)

306 Or. 444

Robert J. KOCH, Respondent/Cross-Petitioner On Review, v. CITY OF PORTLAND, and Mayor J.E. Bud Clark, Petitioners/Cross-Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided August 30, 1988.

Attorney(s) appearing for the Case

Robert D. Durham, Kulongoski, Durham, Drummonds & Colombo, Portland, argued the cause and filed the petition for respondent/cross-petitioner on review.

David H. Wilson, Jr., Bullard, Korshoj, Smith & Jernstedt, P.C., Portland, argued the cause and filed the petition for petitioners/cross-respondents on review.

LENT, Justice.

The issue is whether a Portland police officer may use a writ of review proceeding in circuit court to challenge a suspension imposed on him by the Mayor of the City of Portland. The circuit court proceeded under ORS 34.010 to 34.100, governing the writ of review, and held against plaintiff on the merits. The Court of Appeals reversed, holding that there was no writ of review jurisdiction because the suspension was in the exercise of an administrative...

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