MID-COUNTY FUTURE ALT. COM. v. PORTLAND

A8711-06867; CA A48513.

770 P.2d 604 (1989)

95 Or.App. 556

MID-COUNTY FUTURE ALTERNATIVES COMMITTEE, an Oregon Corporation, and Peter M. Smith, Appellants, v. City of PORTLAND, City of Gresham, Portland Metropolitan Area Local Boundary Commission, Multnomah County, and State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided March 8, 1989.

Reconsideration Denied April 28, 1989.


Attorney(s) appearing for the Case

Gregory W. Byrne, Portland, argued the cause and filed the briefs for appellants.

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for respondents Portland Metropolitan Area Local Boundary Com'n and State of Oregon. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Linda DeVries Grimms, Asst. Atty. Gen., Salem.

Jeffrey L. Rogers, City Atty., Portland, argued the cause for respondent City of Portland. With him on the brief was Adrianne Brockman, Deputy City Atty., Portland.

Matthew R. Baines, Asst. City Atty., Gresham, argued the cause for respondent City of Gresham. With him on the brief was Thomas Sponsler, City Atty., Gresham.

Laurence Kressel, Multnomah County Counsel, Portland, filed the brief for respondent Multnomah County.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


DEITS, Judge.

Plaintiffs in this declaratory judgment action challenge the constitutionality of Oregon Laws 1987, chapter 818, section 3, which provides, in pertinent part:

"Notwithstanding any other provision [ORS chapter 199] or ORS chapter 222, territory annexed or transferred to a city or district by a minor boundary change approved by a boundary commission's final order adopted after January 1, 1985, but before the effective date of this 1987 Act shall...

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