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SPRINGFIELD v. $10,000.00 IN U.S. CURRENCY

TC 87-90762; CA A48321; SC S35955.

786 P.2d 723 (1990)

309 Or. 272

City of SPRINGFIELD, a Municipal Corporation of the State of Oregon, Petitioner On Review, v. $10,000.00 IN U.S. CURRENCY, Defendant (below), and Tony Clark Starr, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided January 31, 1990.

Attorney(s) appearing for the Case

Timothy J. Harold, of Harms, Harold & Leahy, Springfield, argued the cause and filed the petition for petitioner on review.

Charles S. Spinner, Eugene, argued the cause and filed a response for respondent on review.

LINDE, Justice.

In ORS 30.315, first adopted in 1961, the legislature set out rules governing the use of civil rather than penal enforcement of local ordinances. Between 1985 and 1989 ORS 30.315 provided:

"(1) An incorporated city or any county may, instead of penal enforcement, maintain civil proceedings in courts of this state against any person to enforce requirements or prohibitions of its ordinances or resolutions when it seeks: "(a) To collect...

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