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CITY OF PORTLAND v. COOK

(97C-913270; CA A105244)

12 P.3d 70 (2000)

170 Or. App. 245

CITY OF PORTLAND, a municipal corporation, Respondent, v. Vernon COOK, Appellant.

Court of Appeals of Oregon.

Decided October 4, 2000.

Attorney(s) appearing for the Case

Donato B. Masaoy III, Portland, argued the cause and filed the briefs for appellant.

Linda S. Law, Deputy City Attorney, argued the cause and filed the brief for respondent.

Per C. Olson argued the cause for amicus curiae Multnomah Bar Association. With him on the brief were Judy Danelle Snyder and Hoevet, Snyder & Boise.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

KISTLER, J.

The City of Portland brought this action to recover unpaid business license fees from defendant. Defendant filed a counterclaim seeking a declaration that imposing the business license fee on him violates the state and federal constitutions. On cross-motions for summary judgment, the trial court granted the city's motion and denied defendant's. The court entered judgment accordingly but did not include a declaration addressing defendant's counterclaim...

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