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State ex rel City of Powers v. Coos County Airport Dist.8/17/2005
ther available procedures for review of special district decisions also provided for the incorporation of the writ of review procedure in ORS 198.785. Thus, it can be easily inferred from the legislative history that the creation of the writ of review remedy in ORS 198.785(2) was part of the legislature's overall intention to provide uniformity in the review procedures for most special districts. When the legislature created airport districts in former ORS chapter 494 in 1975 and said that, for all purposes, an airport district would be considered a special district, it is likely that it also intended that challenges to the formation of airport districts be made in the same manner as challenges to other special districts. Such an intention carries out the legislature's intention generally regarding uniformity of remedies for those who seek judicial review of decisions of special districts. I therefore concur with the majority that a declaratory judgment proceeding was not available to plaintiffs to challenge the formation of the district in this case, but based on reasoning different from that of the majority.
Linder and Wollheim, JJ., join in this concurrence.
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