MID-COUNTY FUTURE ALTERN. v. PORTLAND

TC A8711-06867; CA A48513; SC S36060.

795 P.2d 541 (1990)

310 Or. 152

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

Supreme Court of Oregon.

Decided July 17, 1990.


Attorney(s) appearing for the Case

Gregory W. Byrne, Portland, argued the cause, on behalf of Petitioners on Review. With him on the petition, was Byrne & Barrow, Portland.

Jeffrey L. Rogers, City Atty., Portland, argued the cause, on behalf of respondent City of Portland.

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

Matthew R. Baines, Asst. City Atty., Gresham, argued the cause, on behalf of respondent City of Gresham.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.


GILLETTE, Justice.

This is a declaratory judgment proceeding in which plaintiffs seek a declaration that Oregon Laws 1987, chapter 818, section 3 (codified as ORS 199.534),1 violates the home rule provisions of the Oregon Constitution, Article XI, section 2,2 and the equal privileges and immunities clause, Article I, section 20,3 as well as the Equal Protection Clause of the Fourteenth...

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