CAFFEY v. LANE COUNTY

No. 16-81-08893; CA A23661.

671 P.2d 727 (1983)

65 Or.App. 470

Michael CAFFEY, Appellant, v. LANE COUNTY; R. Glen Mittermann, Infractions Hearings Officer for Lane County; and D.M. Penfold, Custodian of Records for Lane County, Respondents.

Court of Appeals of Oregon.

Decided November 9, 1983.


Attorney(s) appearing for the Case

Michael Caffey, pro se.

John Hoag, Asst. County Counsel, Eugene, filed the brief for respondents.

Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Richard D. Wasserman, Asst. Atty. Gen., Salem, filed a brief amicus curiae for Attorney General.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Plaintiff appeals from the circuit court's affirmance on writ of review of the decision by a Lane County infractions hearings officer, which fined him $100 per dog and ordered the destruction of his two dogs for allegedly attacking a sheep.

ORS 34.040(1) provides that a writ of review should be allowed when the court or tribunal has exceeded its jurisdiction. Pursuant to this provision, we must first determine whether the Lane County Infractions...

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