BAIN v. WILLAMETTE EDUC. SERVICE DIST.

(98C-14640; CA A105140)

13 P.3d 1021 (2000)

170 Or. App. 689

John BAIN, Charlene Andrews, Patrick Ohlsen, Herb Colley, Melvin Grimes, Barbara Bachmeier, Elizabeth Galick, Melvin Hermansen, Jake Hurlbert, Timothy Keller, Margaret Lang, Virgie Lorenz, Edward Moen, Loreen Olufson, Keith Omlid, David Parsons, Dan Reynolds, Jacqueline Shadoan, and Boyce Williams, Jr., Appellants, v. WILLAMETTE EDUCATION SERVICE DISTRICT, Respondent, State of Oregon, by and through its Department of Education, Respondent.

Court of Appeals of Oregon.

Decided November 8, 2000.


Attorney(s) appearing for the Case

Monica A. Smith, Portland, argued the cause for appellants. With her on the briefs was Smith, Gamson, Diamond & Olney.

Mark B. Comstock, Salem, argued the cause for respondent Willamette Education Service District. With him on the brief was Garrett, Hemann, Robertson, Paulus, Jennings & Comstock, P.C.

Brendan C. Dunn, Assistant Attorney General, argued the cause for respondent State of Oregon. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before HASELTON, Presiding Judge, and WOLLHEIM, Judge, and CENICEROS, Senior Judge.


HASELTON, P.J.

Plaintiffs seek review of a declaratory judgment that they had no statutory rights to transfer their employment from intervenor Department of Education (DOE) to defendant Willamette Education Service District (WESD) when the programs for which they worked were transferred. The parties filed cross-motions for summary judgment. The trial court granted the motions of DOE and WESD, and denied plaintiffs' motion. On appeal, we affirm.

Because the...

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