DENTON PLASTICS, INC. v. CITY OF PORTLAND

8912-07706; CA A63744.

804 P.2d 1199 (1991)

105 Or. App. 302

DENTON PLASTICS, INC., an Oregon corporation; Careers, Inc., an Oregon corporation; Owl Enterprises, Inc., an Oregon corporation; Salt of the Earth, Inc., an Oregon corporation; Rich Weinstock, dba R & L Enterprises; McDonald's Restaurants of Oregon, Inc., an Oregon corporation; Triple J.S. Enterprises, Inc., an Oregon corporation; Gage Industries, Inc., an Oregon corporation; Irwin Research & Development, Inc., a Washington corporation; Gerald Herrman; Collins Foods International, Inc., dba Kentucky Fried Chicken, a California corporation; Industrial and Foodservice Packaging, Ltd., an Oregon corporation; Petcher Enterprises, Inc., an Oregon corporation; Encore, Inc., an Oregon corporation; and Timothy Jacobsen, dba The Wooden Spoons, Appellants, v. CITY OF PORTLAND, an Oregon municipal corporation, Respondent.

Court of Appeals of Oregon.

Decided January 23, 1991.


Attorney(s) appearing for the Case

Mark Cushing, Portland, argued the cause for appellants. With him on the briefs were Barbee B. Lyon, Diane K. Bridge and Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

Terence L. Thatcher, Deputy City Atty., Portland, filed the brief for respondent.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


WARREN, Presiding Judge.

Portland City Ordinance No. 161573 prohibits the sale of prepared food in polystyrene foam (PSF) containers. Plaintiffs in this case contend that the ordinance conflicts with state law that calls for recycling of solid waste, ORS 459.015(2)(a)(C), before sending it to a landfill. ORS 459.015(2)(a)(E).1 They brought an action seeking declaratory relief and to enjoin enforcement of the ordinance. The trial court...

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