Huntington v. Coffee Associates Food Enterprises-Cafe , 43 Or. App. 595 ( 1979 )

GILLETTE, J.,

concurring in part.

It is axiomatic that courts do not reach constitutional questions unless they must. In this case, it is not necessary to do so: defendant’s failure to comply with the provisions of ORS 29.060 — whether or not that statute is constitutional — is a sufficient basis upon which to affirm the judgment for plaintiff. I concur in that portion of the lead opinion which so holds. On the other hand, I cannot join in the majority’s long discussion on the constitutional ramifications of the statute. That discussion may be correct; it is certainly unnecessary.