RESOLUTION No. 36235

Authorize City Attorney to file a memorandum amicus curiae in the case of Susan Clark v. Urban Growth Property Limited Partnership, to defend the constitutionality of Portland City Code section 17.28.020A. (Resolution.)

WHEREAS,  Portland City Code section 17.28.020 pertains to “Responsibility for Sidewalks and Curbs” within the City of Portland; and

WHEREAS,  the constitutionality of Portland City Code section 17.28.020 has been challenged in the United States District Court for the District of Oregon in Susan Clark v. Urban Growth Property Limited Partnership, United States District Court Civil No. 03-1440-JE; and

WHEREAS,  the City of Portland is not a party to the lawsuit of Susan Clark v. Urban Growth Property Limited Partnership; and

WHEREAS,  The City Attorney has advised that there is a legitimate basis to file a memorandum as amicus curiae in Susan Clark v. Urban Growth Property Limited Partnership, to defend the constitutionality of Portland City Code section 17.28.020A;

NOW, THEREFORE, BE IT RESOLVED that the City Attorney or her designee is authorized to file a memorandum as amicus curiae in Susan Clark v. Urban Growth Property Limited Partnership, United States District Court Civil No. 03-1440-JE and to pursue the defense of the constitutionality of Portland City Code section 17.28.020A to its conclusion in any higher court, and, in furtherance or resolution of such defense, is authorized to make any stipulation, agreement or admission as in the judgment of the City Attorney may be in the best interest of the City.

Mayor Vera Katz

Mark R. Moline/jlt

July 12, 2004

BACKING SHEET INFORMATION

AGENDA NO. 844-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36235