MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for reconsideration in the light of Martin v. City of Albany, 320 Or 175, 880 P2d 926 (1994), and Niccum v. South Coast Lumber Co., 320 Or 189, 880 P2d 923 (1994).