City of Eugene v. Hejazi

In order for jurisdiction to be found, "the essential prerequisite of our jurisdiction under ORS 221.360 is that the appellant raise a cognizable facial or as-applied challenge to the constitutionality of an ordinance” that the appellant was convicted of violating. City of Lowell v. Wilson, 197 Or App 291, (2005).

Defendant appealed a citation for violating the City of Eugene’s Park and Open Space Rules. Defendant assigned error to the circuit court's finding that Defendant violated the park rules and as such was responsible for a fine of $150. On appeal, Defendant asserted that the Oregon Court of Appeals had jurisdiction under ORS 138.057(2). In response, the City of Eugene did not dispute that the Oregon Court of Appeals had jurisdiction but instead argued that the statute was inapplicable. In order for jurisdiction to be found, “the essential prerequisite of our jurisdiction under ORS 221.360 is that the appellant raise a cognizable facial or as-applied challenge to the constitutionality of an ordinance” for which appellant was convicted of violating. City of Lowell v. Wilson, 197 Or App 291, (2005). The Court held that although jurisdiction was established by Defendant when he raised the constitutionality of the Administrative Order No. 58-17-07-E, which limited his ability to defend himself from the charge in the citation, reversal was not appropriate because his arguments were still without merit.

Affirmed.