Brown v. City of Portland

Petitioner Milton Brown petitioned for a writ of review of a decision of respondent City of Portland (City) assessing charges for nuisance abatement work performed by the City. The trial court affirmed the City’s decision, and petitioner appeals. ORS 34.100. We reverse and remand.

The facts are not disputed. Before describing them, however, it is necessary to set forth the legal framework for the actions of the parties.

The City has adopted a nuisance abatement ordinance, which describes the procedure by which it may determine that a nuisance exists and the steps that it may take to remedy it.…