Gordon v. State Mortuary and Cemetery Board

“[W]hen a court’s decision or ruling is premised on alternative grounds, a party challenging that ruling generally must take issue with all independent and alternative grounds on which it is based to obtain relief.” Cf. Strawn v. Farmers Ins. Co., 350 Or 336, 366, 258 P3d 1199, adh’d to on recons, 350 Or 521, 256 P3d 100 (2011).

Petitioner sought review of the State Mortuary and Cemetery Board’s order terminating his funeral services license along with $71,000 in fines. Petitioner assigned error to the board’s decision that select violations were serious enough to justify the revocation of his license. However, the Board had already determined that other violations that Petitioner did not challenge were sufficient to terminate Petitioner’s license. “[W]hen a court’s decision or ruling is premised on alternative grounds, a party challenging that ruling generally must take issue with all independent and alternative grounds on which it is based to obtain relief.” Cf. Strawn v. Farmers Ins. Co., 350 Or 336, 366, 258 P3d 1199, adh’d to on recons, 350 Or 521, 256 P3d 100 (2011). The Court of Appeals held that Petitioner’s argument was irrelevant because he had not challenged all of the violations that led to the revocation of his license. Affirmed.