Opinion

In Re Harris v. Oregon State Board of Higher Education

  • 145 Or. App. 477
  • 930 P.2d 873
  • 1996 Ore. App. LEXIS 1887
Court
Court of Appeals of Oregon
Filed
Dec 24, 1996
Status
Published
On the bench
Warren, Edmonds, Armstrong
Cited by
4 cases
Authority
More cited than 65.0%

The opinion

*478

PER CURIAM

Defendant, Oregon State Board of Higher Education (the Board), appeals a circuit court judgment reversing the Board’s order that held that plaintiff did not meet the residency requirements that would qualify her for the tuition rates of an Oregon resident at the University of Oregon. We reverse.

The circuit court’s review was for substantial evidence and errors of law, ORS 183.484, and we review the circuit court’s decision to determine whether it properly applied its standard of review.

United Citizens v. Oregon Environmental Quality Comm.,

104 Or App 51 , 799 P2d 665 (1990),

rev den

311 Or 151 (1991).

On review, we agree with the Board that the trial court overstepped its permissible scope of review under ORS 183.484(4)(c) by substituting its judgment for that of the Board. The Board found that petitioner’s evidence failed to rebut the presumption that she was in Oregon primarily for educational purposes and the trial court reversed on the ground that it was not similarly persuaded. We conclude that substantial evidence supports the Board’s findings. The trial court’s contrary determination otherwise was error.

Reversed and remanded with instructions to reinstate Board’s order.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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