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SMITH v. WASHINGTON COUNTY

C98-0531CV; A106905

43 P.3d 1171 (2002)

180 Or. App. 505

John E. SMITH; Robin Sherwin; Timothy M. Bowman; Marsha Cordon; Anthony W. Furniss; Marvin J. Garland; David N. Hobson, Jr.; Carol Jones; John D. Peterson; and Andrew M. Rich, Appellants, v. WASHINGTON COUNTY; Olympic Security Services, Inc., a Washington corporation; and The Hon. Gayle A. Nachtigal, Respondents.

Court of Appeals of Oregon.

Decided April 10, 2002.

Attorney(s) appearing for the Case

Andrew M. Rich, Hillsboro, argued the cause and filed the briefs for appellants.

William G. Blair, Senior Assistant County Counsel, argued the cause for respondents Washington County and Olympic Security Services, Inc. With him on the brief was Dan R. Olsen, County Counsel.

Jas. J. Adams, Assistant Attorney General, argued the cause for respondent The Hon. Gayle A. Nachtigal. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LINDER, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

LINDER, P.J.

Plaintiffs brought this action seeking a declaration that certain security procedures implemented as a condition of entry into the Washington County court facilities, together with the order of the presiding judge authorizing those procedures, violate Article I, section 9, of the Oregon Constitution. The trial court granted defendants' motion for judgment on the pleadings pursuant to ORCP 21 B, concluding that...

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