Legal Opinion

Shaffer v. City of Winston

Court of Appeals of Oregon

Decided April 3, 1978No. 76-2398, CA 8695PublishedCited by 5 opinions

1Opinion of the CourtTanzer, J.

Plaintiff seeks a declaration that a city ordinance, as applied, denies him equal protection of the law in violation of Article I, section 20 1 of the Oregon Constitution and denies him due process of law in violation of Article I, section 18 2 by taking his property for public use without just compensation. The circuit court found the ordinance to be constitutional, and plaintiff appeals.

The challenged ordinance establishes a residential maintenance code and provides for its enforcement. It is supplemented in practice by a written policy adopted by the city council which sets out priorities…

2Cases cited3 opinions

  1. Horton v. GulledgeSupreme Court of North Carolina · 1970
  2. Clackamas County v. AgueCourt of Appeals of Oregon · 1976
  3. Williams v. SchrunkCourt of Appeals of Oregon · 1974

3Cited by5 opinions

  1. Hans Hoeck v. City of Portland, a Municipal CorporationCourt of Appeals for the Ninth Circuit · 1995
  2. State v. BakerCourt of Appeals of Oregon · 1980
  3. Robertson v. City of TurnerCourt of Appeals of Oregon · 2003
  4. Benson v. City of PortlandCourt of Appeals of Oregon · 1993
  5. Benson v. City of PortlandCourt of Appeals of Oregon · 1993

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