Frederick H. asked
Regarding my matter of responding to a motion to dismiss, opposing counsel cites case law from a negligence claim unrelated to my petition for judicial review. The administrative law statute ORS 183.480(2) states that judicial review of final orders of agencies shall be solely as provided by ORS 183.482, 183.484, 183.490, and 183.500. I want to object by stating that the narrow wording of statutes grants me standing and a right to a hearing, and that the court must adhere to these statutes rather than unrelated case law. Does this mean the court MUST review (not dismiss) and can consider standing issues in its decision? Additionally, does ORS 183.486(1) mean the court can provide whatever relief is appropriate irrespective of the original form of the petition, and does this guarantee me a hearing regardless of the form of my petition?
April 17th, 2023
Richard J. answered
The statute ORS 183.480(2) outlines specific provisions for judicial review of agency orders, which ...
April 17th, 2023
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