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CITY OF LaGRANDE v. PUBLIC EMP. RETIRE. BD.

558 P.2d 1236 (1977)

28 Or.App. 9

CITY OF LaGrande, a Municipal Corporation, Respondent, v. PUBLIC EMPLOYES RETIREMENT BOARD OF THE STATE OF OREGON, and Clay Myers, Secretary of State of the State of Oregon, Appellants, and LaGrande Police Association et al., Respondents. City of Astoria, a Municipal Corporation, Respondent, v. Public Employes Retirement Board of the State of Oregon et al., Respondents, and Police and Firefighters of the City of Astoria As a Class, Appellants.

Court of Appeals of Oregon.

Decided January 10, 1977.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant (No. 22993) and for respondent (No. 29437) Public Employes Retirement Board of the State of Oregon. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Gary K. Jensen, Eugene, argued the cause and filed the brief for appellants Police and Firefighters of the City of Astoria as a Class (No. 29437) and for respondents LaGrande Police Association, LaGrande Firefighters Union Local No. 924, and International Association of Firefighters (No. 22993).

Ross E. Hearing, LaGrande, filed the brief for respondent City of LaGrande, a Municipal Corporation.

D. Richard Fisher, Astoria, argued the cause for respondent City of Astoria, a Municipal Corporation. With him on the brief were Anderson, Fulton, Lavis & Van Thiel and Robert C. Anderson, Astoria.

James M. Mattis, Staff Atty., League of Oregon Cities, Eugene, filed a brief amicus curiae for city attorneys of constitutional home rule cities of Coos Bay, Gladstone, Rainier, Springfield, Sweet Home, The Dalles and Tigard.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

THORNTON, Judge.

The City of LaGrande brought a declaratory judgment proceeding in the circuit court for Union County to secure a declaration of its rights and duties and for injunctive relief with reference to the provisions of a 1971 state law requiring that city police officers and firemen be brought under the state Public Employes' Retirement System law as of July 1, 1973, or be provided by the municipality with an equal or better system. ORS 237.610 through 237...

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