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SERGEANT'S TOWING v. CITY OF PORTLAND

(9806-04626; CA A104335)

22 P.3d 237 (2001)

173 Or. App. 359

SERGEANT'S TOWING, INC, an Oregon corporation; Handy Andy Towing, Inc., an Oregon corporation; Oregon Towing Co., an Oregon corporation; and Speed's Automotive, Inc., an Oregon corporation dba Speed's Towing, Inc., Respondents, v. CITY OF PORTLAND, BUREAU OF POLICE, Appellant.

Court of Appeals of Oregon.

Decided April 4, 2001.

Attorney(s) appearing for the Case

Nancy E. Ayres, Senior Deputy City Attorney, argued the cause and filed the brief for appellant.

Sean Donahue, Portland, argued the cause for respondents. With him on the brief was Donahue & Associates.

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

ARMSTRONG, J.

Plaintiffs are four towing companies that have contracts with defendant City of Portland to tow and store vehicles for the city, including private vehicles that the city has ordered to be towed for parking or traffic violations. Plaintiffs brought a declaratory judgment proceeding to determine whether they are required to pay the city a $15 fee on certain towed vehicles after plaintiffs have foreclosed their statutory liens against the vehicles for towing...

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