Savage v. Munn

CARL N. BYERS, Judge.

This matter is before the court on cross-motions for summary judgment. Plaintiffs are property owners seeking a declaratory judgment under ORS chapter 28 regarding Article XI, section 11b(4), of the Oregon Constitution. Plaintiffs and defendants have stipulated the facts. Intervenors have not joined in that stipulation but also have not objected or sought to introduce additional evidence.

In their amended complaint, plaintiffs claim Article XI, section 11b(4), violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. However, the…