specially concurring.
In concurring with the result in this case, it is again necessary to point out that the majority’s analysis of ORS 30.275 is, today, no less an unwarranted judicial *652excursion into the legislature’s statute-making prerogative than it was when we decided Brown v. Portland School District #1, 291 Or 77, 628 P2d 1183 (1981).
The last six paragraphs of the majority opinion neither suggest nor compel the conclusion that the requirements of the statute were met. Rather, they show that the defendant either waived compliance with ORS 30.275 or it should be estopped to assert that the requirements of the statute were not met. See the dissenting and concurring opinions in Brown, 291 Or at 85-98.