City of Dallas v. Sullenger

WARREN, J.,

specially concurring.

I agree with the result reached by the majority in this case but would adhere to the analysis in State v. Long, 106 Or Ap 389, 807 P2d 815 (1991), and Denton Plastics, Inc. v. City of Portland, 105 Or App 302, 804 P2d 1199 (1990), for the reasons stated in my dissent in City of Portland v. Jackson, 111 Or App 233, 245, 826 P2d 37 (1992).

I must point out, though, an inconsistency between this decision and Jackson. The majority is willing to read a state of mind requirement into the challenged ordinance here but was unwilling to do that in Jackson. The argument…