SHAFFER v. CITY OF WINSTON


576 P.2d 823 (1978)

33 Or.App. 391

Gene L. SHAFFER, Appellant, v. CITY OF WINSTON, Oregon, a Municipal Corporation, Respondent.

Court of Appeals of Oregon.

Decided April 3, 1978.


Attorney(s) appearing for the Case

Gary L. Hill, Roseburg, argued the cause for appellant. With him on the brief was Slocum, Poole & Hill, Roseburg.

William C. Wolke, Roseburg, argued the cause for respondent. With him on the brief was Luoma, Kelley & Wolke, Roseburg.

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


TANZER, Judge.

Plaintiff seeks a declaration that a city ordinance, as applied, denies him equal protection of the law in violation of Article I, section 201 of the Oregon Constitution and denies him due process of law in violation of Article I, section 182 by taking his property for public use without just compensation. The circuit court found the ordinance to be constitutional, and plaintiff appeals.

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