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THUNDERBIRD MOBILE CLUB v. WILSONVILLE

CV05110027; A134750.

228 P.3d 650 (2010)

234 Or. App. 457

THUNDERBIRD MOBILE CLUB, LLC, Plaintiff-Respondent Cross-Appellant, v. CITY OF WILSONVILLE, Defendant-Appellant Cross-Respondent.

Court of Appeals of Oregon.

Decided March 24, 2010.

Attorney(s) appearing for the Case

Paul A. Lee argued the cause for appellant-cross-respondent. With him on the briefs were Michael E. Kohlhoff and City of Wilsonville.

William Dickas, Portland, argued the cause for respondent-cross-appellant. With him on the briefs was Kell, Alterman & Runstein, LLP.

Thomas Sponsler, Gresham, Nancy L. Werner, and Beery, Eisner & Hammond, LLP filed the brief amicus curiae for League of Oregon Cities.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Plaintiff, the owner of a mobile home park, filed a declaratory judgment action against the City of Wilsonville (city) to invalidate the city's ordinances that regulate the conversion of mobile home parks to other uses. Following a trial, the trial court entered a judgment declaring that those ordinances are preempted by state law and violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The city appeals and contends...

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