City of Portland v. Carriage Inn

This action was brought to enjoin the use of an apartment building for “transient occupancy” as an alleged violation of the Portland Planning and Zoning Code. Defendants moved to dismiss the amended complaint for failure to state ultimate facts sufficient to constitute a claim for relief. The trial court granted that motion and on June 4,1982, entered an order, the dispositive portion of which provided:

“IT IS ORDERED that Defendants’ motion is granted in its entirety, and the complaint is dismissed, without leave to replead.”

Plaintiff filed a notice of appeal from that order on June 16. On…