Funk v. Multnomah Education Service District
Docket: CA A32013
Court: Court of Appeals of Oregon; April 22, 1986; Oregon; State Appellate Court
Petitioner Richardson seeks a review of the Multnomah Education Service District Board's denial of a proposal to transfer an area from Multnomah County School District No. 1 to the adjacent Riverdale School District. The Board based its denial on the claim that the boundary change would likely adversely affect a separate reorganization proposal aimed at creating a Jackson School District. This rationale is inconsistent with the prior affirmation of the state Board of Education's rejection of the Jackson plan in a related case. The district argues for an alternative basis for upholding the Board's decision, asserting that the proposed boundary change would negatively impact educational programs for affected children, thus violating ORS 330.090(4)(b). Although the Board did not make findings on this issue, the district contends that the court should determine, as a matter of law, that the proposal does not comply with this statute, referencing a precedent where the court acted similarly despite a lack of explicit findings from the boundary board. However, the court finds that there are no stipulated facts in this case to support the district's assertion, rendering their argument without merit. Consequently, the decision is reversed and remanded for reconsideration. The document notes that the relevant statute's amendment did not change its substantive provisions and indicates that the viability of the cited precedent under the current Administrative Procedures Act is questionable.