LOC News
Oregon Court of Appeals Opinion Rules in Favor of Public Bodies
On September 27, the Oregon Court of Appeals published a long-awaited opinion in favor of public bodies. In Moore v. Portland Public Schools, the court held that both plaintiffs in this case filed insufficient Oregon Tort Claim Act notices in their complaints against Portland Public Schools. The court affirmed the trial court’s ruling granting the school district's motion to dismiss the claims based on insufficient notice because the conduct in question occurred more than 180 days before the filing of the complaint.
The League of Oregon Cities filed an amicus brief, arguing only on the narrow issue of the importance of the Oregon Tort Claim Act requirements being strictly applied, based on the statutory language as to what constitutes a valid tort claim notice, including what specific information must be contained within a notice to be considered valid. This case is important for all Oregon public bodies—including cities. The opinion is an important win for cities because the statutory requirements of the Oregon Tort Claim Act, pursuant to ORS 30.275, were strictly enforced by the judiciary.
Special thanks to Janet Schroer, partner at Hart Wagner LLP, for her work representing the LOC, the Association of Oregon Counties, and CIS in this matter.
Contact: Jayme Pierce, General Counsel - jpierce@orcities.org
Last Updated 9/29/23