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CITY OF MEDFORD v. HERBISON

No. 79-3617; CA A21151.

645 P.2d 563 (1982)

CITY OF MEDFORD, Appellant, v. Wesley HERBISON, Dba Federal Automatic Alarms, and Western Surety Company, Respondents.

Court of Appeals of Oregon.

Decided May 26, 1982.

Reconsideration July 8, 1982.

Review Denied July 27, 1982.

Attorney(s) appearing for the Case

William J. Scheiderich, Asst. City Atty., Medford, argued the cause and filed the brief for appellant.

Richard A. Stark, Medford, argued the cause for respondents. With him on the brief was Haviland & Stark, Medford.

Before GILLETTE, P.J., YOUNG, J., and ROBERTS, J. Pro Tem.

GILLETTE, Presiding Judge.

The City of Medford (City) brought this action against defendant and his surety for accrued civil penalties for false burglar alarms. The penalties were assessed against defendant under a City ordinance. The trial court directed a verdict for defendant, ruling that there was insufficient evidence to bring defendant within the scope of the ordinance and that the ordinance violated the Equal Protection Clause.1

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