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GARBADE AND BOYNTON v. CITY OF PORTLAND

188 Or. 158 (1950)

214 P.2d 1000

GARBADE and BOYNTON v. CITY OF PORTLAND ET AL.

Supreme Court of Oregon.

Affirmed February 15, 1950.

Attorney(s) appearing for the Case

Peter A. Schwabe argued the cause for appellants. On the brief were Haas & Schwabe, of Portland.

Virgil H. Langtry, Deputy City Attorney, argued the cause for respondents. With him on the brief were Alexander G. Brown, City Attorney, and Marian C. Rushing, Deputy City Attorney, all of Portland.

A brief was filed by the following city attorneys as amici curiae: Chris J. Kowitz, Salem; James L. Hope, Astoria; Charles K. McColloch, Baker; Charles G. Schneider, Gresham; Paul L. Patterson, Hillsboro; John N. Mohr, Hood River; Carl G. Helm, Jr., La Grande; Raymond G. Wood, Oceanlake; Edgar L. Martin, Sandy; Marvin O. Sanders, Springfield; David O. Bennett, St. Helens; and Neal W. Bush, Vernonia.

Before LUSK, Chief Justice and BRAND, BELT, ROSSMAN, BAILEY, and HAY, Justices.

AFFIRMED.

BAILEY, J.

Plaintiffs, Ted Garbade and Frank Boynton, brought this suit under the uniform declaratory judgments act (§§ 6-601 to 6-616, O.C.L.A.), against the defendants, City of Portland and the Mayor, Commissioners, Chief Inspector of Licenses, City Attorney, and Chief of the Bureau of Police of the City of Portland, for the purpose of securing a judicial declaration that twenty-two ordinances...

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