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OREGON STATE HOMEBUILDERS v. CITY OF TIGARD

No. 37-834; CA 12304.

604 P.2d 886 (1979)

43 Or.App. 791

OREGON STATE HOMEBUILDERS ASSOCIATION, Homebuilders Association of Metropolitan Portland, and Dale Construction Company, an Oregon Corporation, Respondents, v. CITY OF TIGARD, Appellant.

Court of Appeals of Oregon.

Decided December 24, 1979.

Attorney(s) appearing for the Case

Joe D. Bailey, Portland, argued the cause for appellant. With him on the briefs was Gearin, Landis & Aebi, Portland.

Willard E. Fox, Salem, argued the cause for respondents. With him on the brief was Allen, Stortz, Barlow, Fox & Susee, Salem.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

BUTTLER, Presiding Judge.

The City of Tigard appeals the decree of the trial court declaring that the City's Ordinance No. 77-26, as amended, is unconstitutional in that it violates the equal protection clause of the Fourteenth Amendment. We reverse.

On March 11, 1977, the City passed Ordinance No. 77-26,1 imposing what is characterized as "a...

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