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IVANCIE v. THORNTON

443 P.2d 612 (1968)

Francis J. IVANCIE, Respondent, v. Robert Y. THORNTON, Attorney General; the City of Portland, Oregon; and Alexander G. Brown, City Attorney, Appellants.

Supreme Court of Oregon, In Banc.

Decided July 24, 1968.

Attorney(s) appearing for the Case

Malcolm J. Montague and Oliver I. Norville, Portland, argued the cause for appellants. With them on the brief were Williams, Montague, Stark & Thorpe, and Alexander G. Brown, City Atty., Portland.

Nathan Heath, Portland, argued the cause for respondent. With him on the brief were Gray, Fredrickson & Heath, Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

GOODWIN, Justice.

Plaintiff, an elected city commissioner holding office in Portland, brought declaratory proceedings to have Section 2-206(a) of the Portland city charter declared unconstitutional. The trial court held the section unconstitutional on the ground that it could not be distinguished from a statute held unconstitutional in Minielly v. State, 242 Or. 490, 411 P.2d 69 (1966). The city appeals...

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