MT & M Gaming, Inc. v. City of Portland

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Standing
  • Date Filed: 09-30-2015
  • Case #: A154206
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Nakamoto, J.; & Egan, J.
  • Full Text Opinion

Under ORS 28.020, to seek relief under the Uniform Declaratory Judgments Act, a plaintiff must establish that his or her rights, status, or other legal relations are affected by the relevant instrument.

MT&M appealed a ruling from the trial court that it lacked standing to sue Portland. MT&M was a casino that operated in the state of Washington, and drew many of its patrons from the nearby city of Portland. Portland recently began allowing people to pay fees in certain locations to partake in games of chance. MT&M argued that this made it so that MT&M was losing customers and suffering economic harm. MT&M contended that Portland allowing the gambling violated Oregon law. The Court agreed with the trial court that MT&M lacked standing because standing requires that the party have a legal interest in the application of Oregon law. Under ORS 28.020, to seek relief under the Uniform Declaratory Judgments Act, a plaintiff must establish that his or her rights, status, or other legal relations are affected by the relevant instrument. MT&M did not possess property, nor did MT&M do business, within the state of Oregon. MT&M had also never petitioned to be subject to the state laws of Oregon. MT&M did not have a legal interest in the state of Oregon, and therefore lacked standing. Affirmed.

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