Opinion

City of La Grande v. Public Employes Retirement Board

  • 281 Or. 137
  • 576 P.2d 1204
  • 1978 Ore. LEXIS 725
Court
Oregon Supreme Court
Filed
Jan 31, 1978
Status
Published
Author
Howell
On the bench
Linde, Tongue, Howell, Bryson
Cited by
108 cases

“[T]he validity of local action depends * * * on whether it contravenes state or federal law.”

How later courts described this case

  • “[T]he validity of local action depends * * * on whether it contravenes state or federal law.”
  • statutes may not interfere with “the structure and pro- cedures” of local government unless needed “to safeguard the interests of persons affected by” those procedures
  • it is “reasonable to assume that the legislature does not mean to displace local civil or administrative regulation of local conditions by a statewide law unless that intention is apparent”
  • “The provisions for financial security for police officers and firemen and their dependants in the event of retirement, disability, or death address a social concern with the living standards of these classes of workers, not with local governments as such.”

Written by the judges who cited it.

The opinion

HOWELL, J.,

dissenting.

I join in the dissent of my colleague, Justice Tongue, except that I do not subscribe to parts of the rhetoric used in the dissenting opinion.

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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