Blechschmidt v. Shatzer

Petitioner, who was issued a 90-day drug-free zone (DFZ) exclusion notice under the provisions of former Portland City Code (PCC) chapter 14.100, appealed that exclusion to the City of Portland’s Code Hearings Office. The hearings officer affirmed the exclusion, and petitioner filed a petition for a writ of review and a complaint for declaratory relief with the circuit court. The circuit court reversed the hearings officer, declaring PCC chapter 14.100 unconstitutional. Respondent City of Portland now appeals. For the following reasons, we remand with instructions to vacate the judgment.

Initia…