CITY OF PORTLAND v. LEDWIDGE

No. DA 173880; CA 18013.

622 P.2d 1150 (1981)

50 Or.App. 355

CITY OF PORTLAND, Appellant, v. Christopher P. LEDWIDGE, Respondent.

Court of Appeals of Oregon.

Decided February 9, 1981.


Attorney(s) appearing for the Case

James E. Mountain, Jr., Salem, argued the cause for appellant. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Nick Chaivoe, Portland, argued the cause and filed the brief for respondent.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.


WARREN, Judge.

Defendant was charged with violation of a park curfew, Portland City Ordinance 2.12.210. Defendant moved to dismiss the complaint on the grounds that the complaint did not state a crime and that the ordinance was unconstitutional.1 The trial court sustained defendant's motion on both grounds. The city appeals.

Portland City Ordinance 2.12.210 provides:

"It is unlawful...

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