CITY OF PORTLAND v. JOHNSON

No. DA215859-8107; CA A23697.

651 P.2d 1384 (1982)

59 Or.App. 647

CITY OF PORTLAND, Appellant, v. Wayne Louis JOHNSON, Respondent.

Court of Appeals of Oregon.

Decided October 13, 1982.


Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Ivan M. Karmel, Milwaukie, argued the cause and filed the brief for respondent.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

The City of Portland appeals an order of the district court granting defendant's demurrer to a complaint charging him with "unlawful camping." The court held that the ordinance under which defendant was charged is unconstitutionally vague under the Oregon Constitution. We reverse.

The ordinance1 prohibits "camping"

"* * * in or upon any sidewalk, street, alley, lane, public right-of-way or any...

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