Opinion

Graziano v. City Council of Canby

  • 35 Or. App. 271
  • 581 P.2d 552
  • 1978 Ore. App. LEXIS 2785
Court
Court of Appeals of Oregon
Filed
Jul 18, 1978
Status
Published
Author
Joseph
On the bench
Joseph, Thornton, Schwab, Johnson
Cited by
5 cases

Legislative and administrative decisions can only be judicially reviewed “by some other means such as a declara- tory judgment, a suit in equity, or an action at law.”

How later courts described this case

  • Legislative and administrative decisions can only be judicially reviewed “by some other means such as a declara- tory judgment, a suit in equity, or an action at law.”

Written by the judges who cited it.

The opinion

JOSEPH, J.,

specially concurring.

The writ of review point is well taken. On the interpretation of the charter, I am not quite satisfied that the majority clearly states my view. The sentence "Appointed officers shall hold their office [sic] during the pleasure * * *” merely states the "term” of office, which is indefinite. The sentence "They are subject to removal * * *” merely (and redundantly) states what *276 can end "pleasure.” In context "malfeasance” includes a failure to follow instructions, orders or policy.

I concur.

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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