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MARKS v. CITY OF ROSEBURG

No. E80-1783; CA A20749.

651 P.2d 748 (1982)

59 Or.App. 558

Rita MARKS and Lizzie Marks, Appellants-Cross-Respondents, v. The CITY OF ROSEBURG, a Municipal Corporation, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided October 6, 1982.

Attorney(s) appearing for the Case

Randolph Lee Garrison, Roseburg, and Charles F. Hinkle, Portland, argued the cause for appellants-cross-respondents. On the reply was Charles F. Hinkle, Portland.

David A. Aamodt, City Atty., Roseburg, argued the cause and filed the brief for respondent-cross-appellant.

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

PER CURIAM.

Plaintiffs brought this declaratory judgment action under ORS chapter 28, challenging the constitutionality of the City of Roseburg's "occult arts" ordinance. The trial court denied the city's motion to dismiss the action for lack of a justiciable controversy and plaintiffs' lack of standing. Plaintiffs and the City then each filed motions for summary judgment. The trial court denied plaintiffs' motion, granted the City's motion and entered a judgment...

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