Johnson v. CIVIL SERVICE BOARD OF THE CITY OF PORTLAND

Decision Date15 September 1999
Citation986 P.2d 666,162 Or. App. 527
PartiesDaryl JOHNSON, Appellant, v. CIVIL SERVICE BOARD OF the CITY OF PORTLAND, Portland Parks and Recreation Bureau, and City of Portland, Respondents.
CourtOregon Court of Appeals

Susan D. Marmaduke, Portland, and James, Denecke, Urrutia & Marmaduke, P.C., for motion.

Liana Colombo, Deputy City Attorney, and Marianna Kanwit, contra.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

On appellant's motion for clarification of disposition filed August 4, 1999, and respondent's response filed August 10, 1999.

Opinion filed July 7, 1999, 161 Or.App. 489, 985 P.2d 854 (1999).

HASELTON, J.

Appellant has moved to "clarify" our disposition because "[i]t seems the parties are unable to agree on what the Court of Appeals intended to happen next." We allow the motion. Our disposition "Reversed and remanded," Johnson v. Civil Service Board, 161 Or.App. 489, 506, 985 P.2d 854 (1999), is clarified and modified to read: "Reversed and remanded with instructions to issue writ reversing decision of Civil Service Board and determining petitioner's entitlement to ancillary relief, including reinstatement and restitution, pursuant to ORS 34.100."

Motion granted; disposition modified to read: "Reversed and remanded with instructions to issue writ reversing decision of Civil Service Board and determining petitioner's entitlement to ancillary relief, including reinstatement and restitution, pursuant to ORS 34.100."; otherwise adhered to.

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14 cases
  • Rogers Machinery, Inc. v. Washington Cty.
    • United States
    • Oregon Court of Appeals
    • 8 Mayo 2002
    ...the applicable law. ORS 34.040(1)(d), (e); Johnson v. Civil Service Board, 161 Or.App. 489, 498, 985 P.2d 854, on recons. 162 Or.App. 527, 986 P.2d 666 (1999). We The facts relevant to our review are not disputed. Petitioner operates a business that has its headquarters in the City of Tigar......
  • An Or. Non-profit Corp.. v. Bd. Of Comm'rs Of Yamhill County
    • United States
    • Oregon Court of Appeals
    • 1 Septiembre 2010
    ...in an action.” As we discussed in Johnson v. Civil Service Board, 161 Or.App. 489, 498, 985 P.2d 854, modified on recons., 162 Or.App. 527, 986 P.2d 666 (1999), our standard of review in appeals brought pursuant to ORS 34.100 ultimately depends on the “triggers” described in ORS 34.040(1)(a......
  • Baker v. City of Woodburn
    • United States
    • Oregon Court of Appeals
    • 13 Noviembre 2003
    ...Or. 404, 420, 939 P.2d 608 (1997); Johnson v. Civil Service Board, 161 Or.App. 489, 498, 985 P.2d 854, modified on recons., 162 Or.App. 527, 986 P.2d 666 (1999); Landsing Prop. v. City of Portland Fire Code Board, 94 Or.App. 154, 156, 764 P.2d 616 (1988) (In a writ of review proceeding, "ou......
  • Scherzinger v. PORTLAND CUSTODIANS
    • United States
    • Oregon Court of Appeals
    • 8 Diciembre 2004
    ...within the meaning of ORS 34.020. See Johnson v. Civil Service Board, 161 Or.App. 489, 985 P.2d 854, modified on recons., 162 Or.App. 527, 986 P.2d 666 (1999) (reviewing circuit court judgment in writ of review action, which affirmed decision of city civil service board sustaining city empl......
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