Opinion

Leathers v. City of Burns

  • 251 Or. 206
  • 444 P.2d 1010
  • 1968 Ore. LEXIS 443
Court
Oregon Supreme Court
Filed
Sep 18, 1968
Status
Published
Author
Goodwin
On the bench
Perry, O'Connell, Goodwin, Denecke, Holman, Lusk
Cited by
6 cases

The opinion

GOODWIN, J.,

dissenting in part and concurring in part.

While I concur fully in the majority opinion with respect to Ordinance No. 350, I would also reverse as to Ordinance No. 349. The majority opinion reveals that the question of the constitutionality of No. 349 is a close one. I would resolve that doubt in favor of the city, not because the city’s reasons for the ordinance are necessarily the more convincing, but because the *226 question is essentially a matter of legislative judgment and one on which reasonable men can differ.

To my mind, the most convincing reason for staying our hand with reference to Ordinance No. 349 is that the ordinance was intended to be an integral part of a legislative package. With No. 349 on the books, No. 350 may be more easily enforced. Indeed, if one could, read the minds of the drafters of such legislation, it is éntirely possible that their principal reason for enacting. Ño. 349 was to make Ño. 350 more or less self-enforcing and thus to eliminate a potential enforcer ment problem. This would clearly be a legitimate legislative purpose.

For the foregoing reasons I dissent from the part of the decision which' holds Ordinance No. 349 .to be unconstitutional.

O’Connell, J., joins in this dissenting and. concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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