GIBSON v. SMITH


531 P.2d 724 (1975)

Rex GIBSON, Respondent-Cross-Appellant, v. M. Gregg SMITH, Administrator of the Housing Division of the Department of Commerce, et al., Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided February 4, 1975.

Rehearing Denied March 12, 1975.

Review Denied April 9, 1975.


Attorney(s) appearing for the Case

George A. Rhoten and Fred H. Paulus, Salem, argued the cause for respondent-cross-appellant. With them on the brief were Rhoten, Rhoten & Speerstra, Salem.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellants-cross-respondents. With him on the briefs were Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., Salem, Howard A. Rankin, Douglas R. Courson and Rankin, Walsh, Ragen & Roberts, Portland.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.


LANGTRY, Judge.

These appeals are from the decision of a three-member panel of the Circuit Court for Marion County in a declaratory judgment suit. The plaintiff seeks to have all of Oregon Laws 1973, ch. 828 (now ORS 456.550 through 456.720) declared invalid. The circuit court held that a portion of ORS 456.635 and all of ORS 456.715 and 456.720(5) are in violation of the Oregon Constitution, hence void; that they be "deleted and severed" from the Act; and that these...

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