Westhaven, LLC v. City of Dayton

• Court: Oregon Court of Appeals
• Area(s) of Law: Appellate Procedure
• Date Filed: 12-29-2021
• Case #: A170224
• Judge(s)/Court Below: Powers, J. for the Court; Ortega, P.J.; & Shorr, J.
• Full Text Opinion

The court of appeals only has jurisdiction to hear an appeal from a municipal court not of record when the petitioner challenges the constitutionality of the municipal ordinance for which he was convicted.

Westhaven appealed the circuit court’s decision to deny its petition for writ of review. The City of Dayton argued that the court of appeals lacks jurisdiction to hear the appeal. The court of appeals only has jurisdiction to hear an appeal from a municipal court not of record, when the petitioner challenges the constitutionality of the municipal ordinance for which he was convicted. The Court found that because Westhaven did not seek a retrial by the district court de novo, nor did it raise any constitutional arguments, the court lacked jurisdiction to hear the appeal. As such the Court was statutorily bound to dismiss the case. Appeal dismissed.

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