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NEWLUN v. CITY OF PORTLAND

248 Or. 291 (1967)

433 P.2d 816

NEWLUN, Respondent, v. CITY OF PORTLAND, Appellant.

Supreme Court of Oregon.

Reversed November 22, 1967.

Attorney(s) appearing for the Case

James B. O'Hanlon, Portland, argued the cause for appellant. With him on the briefs were James F. Spiekerman and Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Ray J. Conboy, Portland, argued the cause for respondent. On the brief were Philip A. Levin and Pozzi, Levin & Wilson, Portland.

Before PERRY, Chief Justice, and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and WOODRICH, Justices.

REVERSED.

GOODWIN, J.

The only issue in this case is the validity of a city charter provision which in 1963 imposed a condition precedent to the filing of an action against the city for tort damages. The charter provided that a claim must be presented to the city council within six months after the event which caused the claim. Portland City Charter, § 1-106. The circuit court held the charter provision void, and the city appeals.

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