Chapter 203

ATTY. GEN. OPINIONS: Standards county may impose for approval of private roads created in partitioning land, (1972) Vol 35, p 1230

203.010

ATTY. GEN. OPINIONS: Authority of Marion County to borrow money on security of Senator Hotel, (1980) Vol 40, p 422

203.030 to 203.065

ATTY. GEN. OPINIONS: General law counties’ statutory authority on public transportation, (1973) Vol 36, p 672; applicability of state referral requirement on home rule county ordinance, (1974) Vol 37, p 319

203.030

ATTY. GEN. OPINIONS: Non “home rule” county courts or commissions general legislative powers, (1974) Vol 36, p 1070; authority to adopt “straw vote” procedure, (1976) Vol 37, p 1258

203.035

NOTES OF DECISIONS

Where ordinance required car rental companies to collect and remit tax on motor vehicle rentals, tax was not invalid on ground of improper adoption procedures, improper use of tax funds, or unconstitutional impact on interstate commerce. Budget Rent-A-Car v. Multnomah County, 287 Or 93, 597 P2d 1232 (1979)

County government may offer services that compete with private enterprise. GTE Northwest, Inc. v. Public Utility Commission, 179 Or App 46, 39 P3d 201 (2002), Sup Ct review denied

Where proposed action is predominantly concern of county’s residents, action is “matter of county concern” notwithstanding that action may result in services being offered to areas outside county. GTE Northwest, Inc. v. Public Utility Commission, 179 Or App 46, 39 P3d 201 (2002), Sup Ct review denied

ATTY. GEN. OPINIONS: Non “home rule” county courts or commissions general legislative powers, (1974) Vol 36, p 1070; authority for counties to purchase medical insurance for dependents and disability insurance for officers and employes, (1974) Vol 36, p 1115; initiative question of advisory nature on ballot, (1974) Vol 37, p 14; power of home rule county to provide method of filling vacancy in county office, (1974) Vol 37, p 280; reimbursement of county commissioners for travel expenses, (1975) Vol 37, p 543; county regulation of activities resulting in soil erosion, (1975) Vol 37, p 819; deleting administrative position from county staffing plan and assigning its duties to one or more commissioners, (1977) Vol 38, p 304; authority to establish revenue sharing programs with cities, (1978) Vol 38, p 2045; effect of initiative proposal in general law county to prohibit construction and operation of nuclear power plants, (1978) Vol 39, p 81; local government authority to force evacuation of fire-threatened areas, (1996) Vol 48, p 27

LAW REVIEW CITATIONS: 61 OLR 13 (1982)

203.055

NOTES OF DECISIONS

Assessment is not tax if persons assessed have statuses or engage in activities giving rise to regulatory need, whether or not those persons receive direct benefit from regulation. Scappoose Sand and Gravel, Inc. v. Columbia County, 161 Or App 325, 984 P2d 876 (1999), Sup Ct review denied

ATTY. GEN. OPINIONS: Applicability of state referral requirement on home rule county ordinance, (1974) Vol 37, p 319

203.145

ATTY. GEN. OPINIONS: County costs for services of private attorney defending in criminal prosecution on charges relating to alleged abuse of public office, (1982) Vol. 42, p 403

203.240

NOTES OF DECISIONS

County commissioner acting alone did not have apparent authority as agent of county to bind county regarding damages caused by public works project. Holdner v. Columbia County, 123 Or App 48, 858 P2d 901 (1993)

203.710 to 203.810

ATTY. GEN. OPINIONS: Proposing a charter by initiative, necessity for a charter committee, (1974) Vol 35, p 986

LAW REVIEW CITATIONS: 61 OLR 39 (1982)

203.710

NOTES OF DECISIONS

Requirement of “legally called election” governs only in absence of contrary county law, and did not prohibit county board from holding special election on initiative petition where county charter provided for such special elections. Brummell v. Clark, 31 Or App 405, 570 P2d 671 (1977)

203.720

NOTES OF DECISIONS

Requirement of “legally called election” governs only in absence of contrary county law, and did not prohibit county board from holding special election on initiative petition where county charter provided for such special elections. Brummell v. Clark, 31 Or App 405, 570 P2d 671 (1977)

State substantive policy may be phrased as prohibition against local regulation without further elaboration or direction. deParrie v. State of Oregon, 133 Or App 613, 893 P2d 541 (1995), Sup Ct review denied

“Matters of county concern” does not include regulation of conduct of state or federal officials within county. State v. Logsdon, 165 Or App 28, 995 P2d 1178 (2000), Sup Ct review denied

203.730

ATTY. GEN. OPINIONS: Necessity for a charter committee, (1971) Vol 35, p 986

203.810

NOTES OF DECISIONS

This section and not ORS 3.130 governs enforcement of county laws regulating private conduct, as distinct from jurisdiction of county courts under state laws or over “transaction of county business.” Caffey v. Lane County, 298 Or 183, 691 P2d 94 (1984)

County authority to create exceptions governing state court enforcement of county law does not allow county to permit citizen commencement of violation proceeding in state court where ordinance is not of type listed in ORS 153.058. Hood River County v. Stevenson, 177 Or App 78, 33 P3d 325 (2001)