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PORTLAND POLICE ASS'N v. CIVIL SERVICE BD.

No. A8004-02027; CA 18732; SC 27970.

639 P.2d 619 (1982)

292 Or. 433

PORTLAND POLICE ASSOCIATION, Petitioner On Review, v. CIVIL SERVICE BOARD OF PORTLAND, Linda Rasmussen, Kenneth Gunther, and Rudolph Westerband, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided January 26, 1982.

Attorney(s) appearing for the Case

Susan P. Graber and Pamela L. Jacklin, Portland, filed a brief as amicus curiae for American Civil Liberties Union of Oregon, Inc.

Henry K. Drummonds, of Kulongoski, Heid, Durham & Drummonds, Eugene, argued the cause and filed a petition for petitioner. On the brief were Terry DeSylvia, Myron Schreck, and Black, Kendall, Tremaine, Boothe & Higgins, Portland.

Richard A. Braman, Portland, argued the cause and filed briefs for respondents.

James M. Brown, Atty. Gen., Salem, John R. McCulloch, Jr., Sol. Gen., Michael J. Tedesco, Asst. Atty. Gen., and Judith L. Miller, Certified Law Student, Salem, filed a brief as amicus curiae for Governor of the State of Oregon.

PETERSON, Justice.

This is a proceeding for declaratory and injunctive relief in which plaintiff Portland Police Association (Association) seeks to have a rule adopted by the defendant City of Portland Civil Service Board (Board) declared void and its implementation enjoined. The Association contends that the challenged rule is in conflict with the Portland charter and is outside the Board's rulemaking authority. The trial court agreed with the Association and granted...

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