Denton Plastics, Inc. v. City of Portland

Portland City Ordinance No. 161573 prohibits the sale of prepared food in polystyrene foam (PSF) containers. Plaintiffs in this case contend that the ordinance conflicts with state law that calls for recycling of solid waste, ORS 459.015(2)(a)(C), before sending it to a landfill. ORS 459.015(2) (a) (E). They brought an action seeking declaratory relief and to enjoin enforcement of the ordinance. The trial court granted the city’s motion for summary judgment and denied relief. The court concluded that, because there was no facial conflict between the state law and the ordinance, the ordinance…