Hickey v. City of Portland
Decision Date | 28 January 1941 |
Citation | 165 Or. 594,109 P.2d 594 |
Parties | HICKEY <I>v.</I> CITY OF PORTLAND ET AL. |
Court | Oregon Supreme Court |
See 16 Am. Jur. 298 1 C.J.S., Actions, § 18
Before KELLY, Chief Justice, and RAND, BELT, BAILEY and LUSK, Associate Justices.
Appeal from Circuit Court, Multnomah County.
Proceeding by James Hickey against the City of Portland and others, for a declaratory judgment interpreting certain ordinances providing for parking meters. A demurrer to the complaint was sustained and, an amended complaint having been stricken as being merely a restatement of the original, plaintiff appeals.
AFFIRMED.
Herbert A. Cooke, of Portland (Leroy Lomax, of Portland, on the brief), for appellant.
Alexander G. Brown, of Portland (L.E. Latourette, of Portland, on the brief), for respondents.
This is a proceeding for a declaratory judgment under Oregon Code 1930, sections 2-1401, et seq. The plaintiff seeks a decree interpreting and determining the construction and meaning of ordinance No. 70,240 of the defendant, The City of Portland, as amended by ordinance No. 71,092 of said defendant city.
The ordinances, above mentioned, among other things, create two parking meter districts, and provide for the installation and maintenance of parking meters on each side of the streets and avenues situated in the parking meter districts so created.
Paragraph VI of plaintiff's complaint, as amended by stipulation, is as follows:
Paragraph VII of plaintiff's complaint is as follows:
The trial court sustained a demurrer to plaintiff's complaint. Plaintiff thereafter filed an amended complaint, which was stricken from the file upon the ground that said amended complaint was merely a restatement of the original complaint. Plaintiff failed to plead further; and...
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