describing Clackamas Town Center as “a large shopping center similar to the Lloyd Center”
How later courts described this case
- describing Clackamas Town Center as “a large shopping center similar to the Lloyd Center”
- restrictions may be "reasonable" even if not the "least restrictive means" of accomplishing a purpose
Written by the judges who cited it.
The opinion
GILLETTE, J.,
dissenting.
I dissent for the reasons set forth in my dissenting opinion in Lloyd Corporation v. Whiffen, 315 Or 500, 528-56 , 849 P2d 446 (1993).
I wish to note also that the majority opinion in this case provides no standards to guide either the shopping mall or trial courts in shaping future “time, place, and manner” restrictions. The majority simply says “no” to two rules of the shopping mall. This is a brave new world that the majority is carving out. The least it could do is provide a map.
Carson, C. J., and Peterson, J., join in this dissenting opinion.