Articles Posted in Oregon Supreme Court

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Plaintiff, a Washington corporation and casino operator, brought an action in Oregon against the city of Portland under the Oregon Uniform Declaratory Judgment Act, seeking a declaration that certain practices the city had approved through its “social gaming” permitting system were contrary to Oregon law. Plaintiff asserted that it was adversely affected by the city’s issuance of permits to engage in those gaming practices to establishments in Portland, in that persons who previously had patronized its casino in Washington were choosing to gamble in city-permitted card rooms in Portland instead. The city moved for summary judgment on the ground that plaintiff lacked standing, and the trial court granted the motion, reasoning that, insofar as plaintiff’s Washington casino was not subject to the “legal system” that was the object of the declaratory judgment action, plaintiff had no “rights, status [or] other legal relations” that could be adversely affected. The Court of Appeals agreed, holding that, to establish standing under the declaratory judgment act, a plaintiff must be subject to the laws it asks the court to construe or must, at least, do business or own property in Oregon. But on appeal to the Oregon Supreme Court, the city argued that the Oregon Court should have limited standing in a declaratory judgment action to those persons who could demonstrate that their interests were within the “zone of interests” that the relevant statute sought to protect. The Oregon Supreme Court agreed with the Court of Appeals' reasoning and affirmed its judgment. View "MT&M Gaming, Inc. v. City of Portland" on Justia Law