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MULTNOMAH COUNTY v. MITTLEMAN

552 P.2d 242 (1976)

MULTNOMAH COUNTY, a Political Subdivision of the State of Oregon, Respondent, v. Harry MITTLEMAN and Harry Mittleman, Inc., Formerly Known As Hoyt Corporation, Petitioners.

Supreme Court of Oregon, In Banc.

Decided July 15, 1976.

Attorney(s) appearing for the Case

Lee A. Hansen, Portland, argued the cause for petitioners. With him on the brief were Brown, Hansen & Steenson, P.C., Portland.

Gile R. Downes, Portland, filed a brief Amicus Curiae for the Portland Board of Realtors. With him on the brief were Theodore B. Jensen and Jensen, DeFrancq, Holmes & Schulte, Portland.

Martin B. Vidgoff, Deputy County Counsel, Portland, argued the cause for respondent. With him on the briefs were George M. Joseph, County Counsel for Multnomah County, and Charles S. Evans, Chief Deputy County Counsel, Portland.

TONGUE, Justice.

This is an action by Multnomah County to recover $17,600 in unpaid taxes imposed by a county ordinance on all documents transferring real property and tendered for recording in the public records of the county. That ordinance included an "emergency clause." Despite that emergency clause, a referendum petition was filed and the ordinance was defeated by the voters at the next general election.

The case was tried to the trial court, sitting...

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