Appeal on issue of constitutionality of charter provision or ordinance
Source:
Section 221.360 — Appeal on issue of constitutionality of charter provision or ordinance, https://www.oregonlegislature.gov/bills_laws/ors/ors221.html.
Notes of Decisions
Scope of appellate court review of district court convictions of ordinance violations is equivalent to that available to persons appealing from district court convictions of state offenses. City of Portland v. Poindexter, 38 Or App 551, 590 P2d 781 (1979)
Provisions of this section, which limit appeals from circuit review of municipal court convictions to questions of constitutionality of ordinances or charter provisions, do not violate United States or Oregon Constitutions. City of Klamath Falls v. Winters, 289 Or 757, 619 P2d 217 (1980)
Court of Appeals has jurisdiction where defendant challenges provision that is inseparable from provision under which defendant was convicted. City of Eugene v. Miller, 119 Or App 293, 851 P2d 1142 (1993), aff’d on other grounds, 318 Or 480, 871 P2d 454 (1994)
For purposes of right to appeal, issue as to constitutionality of charter provision or ordinance may be raised as either facial or as-applied challenge. City of Eugene v. Lincoln, 183 Or App 36, 50 P3d 1253 (2002)
Limitation on scope of decision by appellate court regarding constitutional issue applies only to municipal court conviction for which city ordinance otherwise prohibits appeal. City of Eugene v. Lincoln, 183 Or App 36, 50 P3d 1253 (2002)
Once appellant meets prerequisite of raising cognizable facial or as-applied challenge to constitutionality of ordinance, appellate court may address both constitutional and nonconstitutional contentions. City of Lowell v. Wilson, 197 Or App 291, 105 P3d 856 (2005), Sup Ct review denied
COMPLETED CITATIONS: Portland v. Olson, 4 Or App 380, 481 P2d 641 (1971), Sup Ct review denied
Up to date