Tillamook City v. Bogart

Full title: TILLAMOOK CITY, Respondent, v. BOGART, Appellant

Court: Oregon Court of Appeals

Date published: May 25, 1972

496 P.2d 34 (Or. Ct. App. 1972)

496 P.2d 34

Opinion

Submitted on briefs April 14, 1972

Dismissed by opinion April 21, 1972 Petition for rehearing denied May 25, 1972

Appeal from Circuit Court, Tillamook County, J. S. BOHANNON, Judge.

Oscar D. Howlett, Portland, for appellant.

Douglas E. Kaufman, and McMinimee Kaufman, Tillamook, for respondent.

Before SCHWAB, Chief Judge, and LANGTRY and THORNTON, Judges.

APPEAL DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM.

Appeal dismissed on court's own motion for want of jurisdiction since no constitutional issue is presented in this appeal from conviction for violation of a city ordinance. ORS 221.360. See, City of Portland v. Trumbull Asphalt, 2 Or. App. 1, 463 P.2d 606, Sup Ct review denied (1970); City of Salem v. Kimball, 5 Or. App. 49, 482 P.2d 191 (1971).

In situations like this city attorneys would be well advised to file motions to dismiss, as we previously suggested in footnote 1 in City of Salem v. Kimball, supra.

Appeal dismissed.