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CITY OF TOLEDO v. RICHARDS

No. 38785; CA 11936.

594 P.2d 422 (1979)

40 Or.App. 71

CITY OF TOLEDO, Appellant, v. Howard Eugene RICHARDS, Respondent.

Court of Appeals of Oregon.

Decided May 7, 1979.

Attorney(s) appearing for the Case

Edward Lanton, City Atty., Toledo, argued the cause for appellant. On the brief were Clifford G. Collard and Paul B. Osterlund, Toledo.

James M. Gillis, Newport, argued the cause for respondent. With him on the brief was Litchfield, MacPherson, Carstens & Gillis, Newport.

Before SCHWAB, C.J., and BUTTLER and JOSEPH, JJ.

BUTTLER, Judge.

The City appeals from an order of the circuit court reversing and vacating defendant's conviction for resisting arrest in the municipal court of the City of Toledo. The circuit court held that the underlying ordinance was unconstitutionally vague. At the outset, defendant contends that the City has no right to appeal the order. We disagree and reverse the circuit court's order. A brief chronology of the proceedings in this case is necessary to an understanding...

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