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CITY OF PORTLAND v. AZIZ

No. DA 177184-7908; CA 16522.

615 P.2d 1109 (1980)

47 Or.App. 937

CITY OF PORTLAND, Appellant, v. Slaih AZIZ, Respondent.

Court of Appeals of Oregon.

Decided August 18, 1980.

Attorney(s) appearing for the Case

Karen H. Green, Asst. Atty. Gen., Salem, argued for appellant. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Charles J. Merten, Portland, argued the cause for respondent. With him on the brief was Merten & Saltveit, Portland.

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

ROBERTS, Judge.

The defendant was charged with a violation of Portland City Ordinance No. 139931, § 14.24.160, infra, which prohibits the unlawful operation of a device designed for sound production. He demurred to the city's complaint, contending inter alia that the ordinance is vague and overbroad. The trial court first overruled the demurrer, but on the defendant's motion to reconsider the court sustained the demurrer. The city appeals from the...

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