Opinion
Argued May 24, 1973
Affirmed July 16, 1973 Petition for rehearing denied August 23, 1973 Petition for review denied November 13, 1973
Appeal from Circuit Court, Marion County.
VAL D. SLOPER, Judge.
George M. Joseph, Portland, argued the cause for appellant. With him on the briefs were Bemis, Breathouwer Joseph, James A. Luebke and Ail Luebke, Portland.
Al J. Laue, Assistant Attorney General, Salem, argued the cause for respondent Fair Dismissal Appeals Board. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
Martin B. Vidgoff, Portland, argued the cause for respondent Multnomah County School District No. 1. With him on the brief were Miller, Anderson, Nash, Yerke Wiener and Mark C. McClanahan, Portland.
Before SCHWAB, Chief Judge, and FORT and THORNTON, Judges.
AFFIRMED.
This case raises the identical question decided this day in School Dist. No. 48 v. Fair Dis. App. Bd. (Court of Appeals No. 2212), 14 Or. App. 35, 512 P.2d 799 (1973), except that here petitioner's discharge by Multnomah County School District No. 1 was upheld by the Fair Dismissal Appeals Board. The petitioner here seeks review of the matter under ORS 34.010 to 34.100.
For the reasons set forth in School Dist. No. 48 v. Fair Dis. App. Bd., supra, we conclude the circuit court correctly allowed the motion to quash and dismissed the petition. Accordingly, we do not reach the remaining assignment of error.
We point out, however, that many of the asserted errors set forth in the petition for writ of review challenge the findings and conclusions of the Fair Dismissal Appeals Board on the facts as lacking adequate support in the evidence. Others challenge the validity of rulings relating to admissibility of evidence. It is not normally the function of the writ of review to examine the sufficiency or admissibility of the evidence before the lower tribunal, but rather to correct arbitrariness or errors in jurisdiction and procedure. ORS 34.040; Vollmer v. Schrunk, 242 Or. 196, 409 P.2d 177 (1965) (specially concurring opinion by Denecke, J.); Bechtold v. Wilson, 182 Or. 360, 186 P.2d 525, 187 P.2d 675 (1947); Miller v. Schrunk, 232 Or. 383, 375 P.2d 823 (1962).
Affirmed.
For the reasons set forth in my dissenting opinion in School Dist. No. 48 v. Fair Dis. App. Bd., 14 Or. App. 35, 512 P.2d 799 (1973), I respectfully dissent in this case also.