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GAFFEY v. BABB

No. C78-12-114; CA 13882.

624 P.2d 616 (1981)

50 Or.App. 617

Richard Lawrence GAFFEY, Dba Underground World of Odds and Ends, Appellant, v. Robert E. BABB, Chief of the City of Brookings Police, and John Spicer, City Attorney for the City of Brookings, Individually, and in Their Official Capacities, and the City of Brookings, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted February 12, 1981.

Decided February 23, 1981.

Reconsideration Denied April 9, 1981.

Attorney(s) appearing for the Case

John Henry Hingson, III, Oregon City, argued the cause and filed the briefs for appellant.

Hugh C. Downer, Jr., Gold Beach, argued the cause for respondents. With him on the brief was Spicer & Downer, Gold Beach.

Resubmitted In Banc February 12, 1981.

RICHARDSON, Judge.

Petitioner brought this declaratory judgment action seeking a declaration that a criminal ordinance of the City of Brookings is unconstitutional and to enjoin enforcement of the ordinance. The trial court held that the ordinance was constitutional and petitioner appeals.

Petitioner owns a business establishment, described as a "head shop," which offers for sale pipes, cigarette rolling papers...

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