Organization and Government of Cities

ORS 221.380
Appeal by city from invalidating order

  • release of defendant during appeal

From an order declaring a charter or ordinance provision invalid, the city may appeal from the municipal court to the circuit court for the county in which the city has its legal situs and maintains its seat of city government; and, from such order by a circuit court, may appeal to the Court of Appeals, in the same manner as appeals are taken in criminal cases to such courts. Upon the order of the appellate court upon such issue the case shall be remanded with direction. If a city so appeals, pending the appellate decision thereon, the defendant shall be released, with or without bond, for reappearance at the discretion of the trial court, until such time as the case is remanded. [Amended by 1975 c.227 §1; 1985 c.342 §18; 1995 c.658 §94; 1999 c.788 §52]
§§ 221.336 to 221.390

Notes of Decisions

Person who is convicted in municipal court and appeals that conviction to circuit court, pursuant to these sections, may appeal adverse decision of circuit court to Court of Appeals only if case involves constitutionality of ordinance under which defendant was convicted. City of Lincoln City v. Pennington, 91 Or App 713, 756 P2d 75 (1988)


Last accessed
Jun. 26, 2021