# Webb v. HIGHWAY DIV. OF OREGON STATE

> Oregon Supreme Court · October 19, 1982 · 293 Or. 645

URL: https://www.frixlaw.com/law-library/cases/9544879

## Case

- **Full name:** WEBB, Petitioner on Review, v. HIGHWAY DIVISION, Respondent on Review
- **Court:** Oregon Supreme Court
- **Decided:** October 19, 1982
- **Citations:** 293 Or. 645; 652 P.2d 783; 1982 Ore. LEXIS 1033
- **Precedential status:** Published
- **Opinion:** Concurrence by Peterson
- **Judges:** Campbell, Peterson
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9544879

## How later opinions describe it (automated extraction)

- rejecting an equal protection and due process challenges to the OTCA notice requirement

## Opinion text

PETERSON, J.,
specially concurring.
In concurring with the result in this case, it is again necessary to point out that the majority’s analysis of ORS 30.275 is, today, no less an unwarranted judicial *652 excursion into the legislature’s statute-making prerogative than it was when we decided Brown v. Portland School District #1, 291 Or 77 , 628 P2d 1183 (1981).
The last six paragraphs of the majority opinion neither suggest nor compel the conclusion that the requirements of the statute were met. Rather, they show that the defendant either waived compliance with ORS 30.275 or it should be estopped to assert that the requirements of the statute were not met. See the dissenting and concurring opinions in Brown, 291 Or at 85-98 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9544879. Public record. Not legal advice.