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CITY OF PORTLAND v. DOLLARHIDE

DA 261430; CA A31427; SC S31408; SC S31398.

714 P.2d 220 (1986)

300 Or. 490

CITY OF PORTLAND, Respondent On Review/Petitioner On Review, v. Susan Joanne DOLLARHIDE, Petitioner On Review/Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided February 4, 1986.

Reconsideration Denied March 18, 1986.

Attorney(s) appearing for the Case

Stephen A. Houze, Portland, argued the cause for petitioner on review/respondent on review. With him on petition was Birkland, Koch & Houze, Portland.

James E. Mountain, Jr., Sol. Gen., Salem, argued the cause for respondent on review/petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem.

Timothy J. Sercombe and Stanton F. Long, Eugene, filed a memorandum amicus curiae for the City of Eugene in response to questions by the court. With them on the memorandum was Harrang, Swanson, Long & Watkinson, P.C., Eugene.

CARSON, Justice.

This case involves the scope of the power granted to cities by one of the home rule provisions of the Oregon Constitution (Art. XI, § 2) to enact criminal ordinances which prohibit the same conduct that is prohibited by state law.

In 1983, the Portland City Council adopted section 14.36.065 of the Code of the City of Portland,1 which defines and prohibits prostitution...

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