Montgomery v. City of West Linn

These are consolidated appeals by respondents City of West Linn and its Municipal Court-from a decision of the Clackamas County Circuit Court which allowed separate writs of prohibition against the city’s municipal court. Each writ prohibited the city court from proceeding with the prosecution of each of the petitioners on charges involving the operation of a motor vehicle while under the influence of intoxicating liquor, in violation of municipal ordinance.

The City demurred to each petition on various of the following grounds:(1) Failure to state facts sufficient to warrant issuance of the…