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LANE CTY. LOCAL GOVERN. v. CITY OF EUGENE

578 P.2d 473 (1978)

34 Or.App. 457

LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION, Appellant, v. CITY OF EUGENE, a Municipal Corporation, Acting by the Eugene Water and Electric Board, Respondent.

Court of Appeals of Oregon.

Argued and Submitted March 24, 1978.

Attorney(s) appearing for the Case

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for appellant. On the briefs were James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen. and Frank W. Ostrander, Jr., Asst. Atty. Gen., Salem.

Richard Bryson, Eugene, argued the cause for respondent. With him on the brief were Calkins & Calkins, Johnson, Harrang & Mercer, and Bryson & Bryson, Eugene.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

BUTTLER, Judge.

Plaintiff, Lane County Local Government Boundary Commission (Plaintiff or Boundary Commission), appeals from an adverse decree entered in its suit for injunctive relief against defendant City of Eugene acting by the Eugene Water and Electric Board (EWEB). The issue presented is whether, without the approval of the Boundary Commission, ORS 199.464(3) precludes the extension of water lines by EWEB to areas outside the city limits of the city of Eugene...

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