FILED: October 4, 2000

CITY OF PORTLAND,
a municipal corporation,

Respondent,

v.

VERNON COOK,

Appellant.

Appeal from Circuit Court, Multnomah County.

Douglas Beckman, Judge.

Argued and submitted January 7, 2000.

Donato B. Masaoy III argued the cause and filed the briefs for appellant.

Linda S. Law, Deputy City Attorney, argued the cause and filed the brief for respondent.

Per C. Olson argued the cause for amicus curiae Multnomah Bar Association. With him on the brief were Judy Danelle Snyder and Hoevet, Snyder & Boise.

Before Edmonds, Presiding Judge, and Armstrong and Kistler, Judges.

KISTLER, J.

Judgment dismissing claim for declaratory relief vacated and remanded with instructions to enter a judgment declaring the parties' rights; otherwise affirmed.

Armstrong, J., concurring.

KISTLER, J.

The City of Portland brought this action to recover unpaid business license fees from defendant. Defendant filed a counterclaim seeking a declaration that imposing the business license fee on him violates the state and federal constitutions. On cross-motions for summary judgment, the trial court granted the city's motion and denied defendant's. The court entered judgment accordingly but did not include a declaration addressing defendant's counterclaim in its judgment. We affirm the trial court's ruling on the merits but vacate its judgment so that it may enter a declaration consistent with this opinion.

The City of Portland prohibits persons from doing business within the city unless they have a business license and have paid a license fee. Portland City Code (PCC)