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BROWN v. CITY OF GRANTS PASS

A162006.

414 P.3d 898 (2018)

291 Or.App. 8

Rycke BROWN, Plaintiff-Appellant, v. CITY OF GRANTS PASS, an Oregon municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

March 28, 2018.

Attorney(s) appearing for the Case

Kevin J. Jacoby, Salem, argued the cause for appellant. On the opening brief was Andrew C. DeWeese. With him on the reply brief was Andrew C. DeWeese.

Melisa A. Button, Medford, argued the cause for respondent. With her on the answering brief was Hornecker Cowling LLP.

Before Ortega, Presiding Judge, and Egan, Chief Judge, and Lagesen, Judge.

Plaintiff sought a declaration that an ordinance enacted by the City of Grants Pass, requiring that marijuana plants grown at home for personal use be grown indoors, is preempted by ORS 633.738, which prohibits a local government from enacting or enforcing local limits on the production or use of plant seeds. Plaintiff appeals from a...

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