Thornton

Thornton v. City of St. Helens

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 6, 200503-35994California5,052 words

Opinion

Opinion

I. Background

An operator of an auto wrecking yard in Oregon is required to obtain a certificate from the state and must renew the certif- icate each year. Or. Rev. Stat. § 822.125(1), (3). The proce- dure for issuing and renewing wrecker certificates is governed by Oregon Revised Statutes §§ 822.110, 822.115, 822.125, 12450 THORNTON v. CITY OF ST. HELENS 822.135 and 822.140. Once a wrecker certificate is issued, section 822.125(3) provides that the certificate

is valid for a one-year period and may be renewed as provided by the department. The department shall only renew the certificate of any certificate holder who does all of the following:

...

(c) Obtains local government approval under [Or. Rev. Stat. §] 822.140. The department may waive the requirement that an applicant for renewal obtain local government approval under [section] 822.140 of the suitability of the applicant to establish, main- tain or operate a wrecking yard or business.

Or. Rev. Stat. § 822.125(3). Section 822.140(2) provides that

[a] city or county governing body shall grant approval of a wrecker certificate or renewal when requested under this section if the governing body:

(a) Approves…

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