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PACIFIC N.W. BELL v. MULTNOMAH CO.

A8303-01762; CA A28567.

681 P.2d 797 (1984)

PACIFIC Northwest BELL Telephone Company, a Washington Corporation; General Telephone Company of the Northwest, a Washington Corporation; Northwest Natural Gas Company, an Oregon Corporation; Portland General Electric Company, an Oregon Corporation; and Pacific Power & Light Company, a Maine Corporation, Respondents, v. MULTNOMAH COUNTY, Appellant.

Court of Appeals of Oregon.

Decided May 16, 1984.

Review Denied August 8, 1984.

Attorney(s) appearing for the Case

Peter A. Kasting, Asst. County Counsel, Portland, argued the cause for appellant. On the brief was Rhea Kessler, Asst. County Counsel, and John B. Leahy, County Counsel, Portland.

Gregory R. Mowe, Portland, argued the cause for respondents. With him on the brief was Joyce Ann Harpole, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant appeals from a judgment which invalidated Multnomah County Ordinance No. 367 and enjoined defendant from enforcing the ordinance against plaintiffs. We affirm.

The ordinance, enacted by defendant in February, 1983, provides for the imposition of permit fees for construction within the right-of-way alongside county roads. Plaintiffs, Oregon utilities, use rights-of-way to provide customer service and challenge the validity of the ordinance...

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