Marks v. City of Roseburg

Plaintiffs brought this declaratory judgment action under ORS chapter 28, challenging the constitutionality of the City of Roseburg’s “occult arts” ordinance. The trial court denied the city’s motion to dismiss the action for lack of a justiciable controversy and plaintiffs’ lack of standing. Plaintiffs and the City then each filed motions for summary judgment. The trial court denied plaintiffs’ motion, granted the City’s motion and entered a judgment upholding the constitutionality of the ordinance. Plaintiffs appeal the trial court’s grant of the City’s summary judgment motion, and the City…