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TERRY v. CITY OF PORTLAND

470 P.2d 951 (1970)

Stan TERRY, for Himself and for the Taxpayers of the City of Portland, Appellant, v. The CITY OF PORTLAND, a Municipal Corporation, Terry Schrunk, William Bowes, Stanley Earl, Mark Grayson and Francis Ivancie, Comprising the Council of the City of Portland, Respondents.

Supreme Court of Oregon.

Decided June 17, 1970.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed a brief for appellant.

Leo V. Nuttman, Portland, argued the cause for respondents. With him on the brief were Marian C. Rushing, and Ellis E. Gerdes, Portland.

Before McALLISTER, P.J., and SLOAN, O'CONNELL, DENECKE, HOLMAN, TONGUE and HOWELL, JJ.

HOLMAN, Justice.

This is an appeal from a judgment dismissing plaintiff's complaint for declaratory relief after a demurrer was sustained to it. The sole question to be decided is whether the complaint states a justiciable controversy.

The allegations of the complaint which are relevant to this appeal are as follows:

"* * *. "III. "On May 28, 1969, defendant members of the Council voted unanimously to increase parking meter fees...

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