Chapter 2

2.510

NOTES OF DECISIONS

The Housing Authority is an agency for purposes of jurisdiction under this section. Housing Authority v. Bahr, 25 Or App 117, 548 P2d 514 (1976)

LAW REVIEW CITATIONS: 51 OLR 651 (1972)

2.516

LAW REVIEW CITATIONS: 81 OLR 477 (2002)

2.520

NOTES OF DECISIONS

Denial of petition for review implies neither approval nor disapproval of opinions of Court of Appeals. 1000 Friends of Oregon v. Bd. of Co. Comm., 284 Or 41, 584 P2d 1371 (1978)

Petition for review of denial of relief against Secretary of State with respect to initiative measure was denied where election was imminent and issue would not be foreclosed by election if measure passed. Barnes v. Paulus, 284 Or 81, 588 P2d 1084 (1978)

Where Court of Appeals denial of motion to dismiss is by written opinion and issue is of public importance, denial order is subject to review by Supreme Court. Oregon Business Planning Council v. LCDC, 290 Or 741, 626 P2d 350 (1981)

As administrative tribunal with neither enforcement authority nor primary policy making responsibility in land use regulation, LUBA is not “aggrieved” by reversal of order on appeal and, therefore, has no standing to appeal decision of Court of Appeals. Valley & Siletz Railroad v. Laudahl, 296 Or 779, 681 P2d 109 (1984)

State may be “aggrieved” by holding contained in court decision, notwithstanding having prevailed on merits. State v. Snyder, 337 Or 410, 97 P3d 1181 (2004)

2.570

NOTES OF DECISIONS

When three judges of Court of Appeals hear oral argument, all three must participate in decision, but only two judges must concur to pronounce judgment. State v. Fry Roofing Co., 263 Or 300, 502 P2d 253 (1972)

Under this section, “to transact business” includes the participation of the judge in decision-making process. State v. Fry Roofing Co., 263 Or 300, 502 P2d 253 (1972)

“Concurrence” to pronounce judgment means concurrence in result, not concurrence in theory supporting result. SAIF v. Allen, 320 Or 192, 881 P2d 773 (1994)

Procedural matter stands in contrast to disposition of appeal on merits of appeal, and order on procedural matter includes order relating to undertaking or stay. Bova v. City of Medford, 236 Or App 257, 236 P3d 760 (2010)