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MULT. CO. v. UNION PAC. R.R.

TC A8008-04391; CA A23658; SC 29617.

685 P.2d 988 (1984)

297 Or. 341

MULTNOMAH COUNTY, Oregon, a Home Rule Political Subdivision of the State of Oregon, Respondent On Review, v. UNION PACIFIC RAILROAD COMPANY, a Utah Corporation, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided July 3, 1984.

Attorney(s) appearing for the Case

Denise Francis, Asst. County Counsel, Multnomah County, Portland, argued the cause and filed response for Respondent on Review. With her on the brief was John B. Leahy, County Counsel, Portland.

Jeff S. Asay, Portland, argued the cause and filed petition for Petitioner on Review. With him on the petition were L. James Bergmann, Randall B. Kester and John F. Weisser, Portland.

LINDE, Justice.

Multnomah County sued the Union Pacific Railroad Company ("Railroad") to prevent the Railroad from closing an existing pedestrian walkway across its tracks. The dispute involves issues concerning the concept of a public easement and the relationship of this concept to the Public Utility Commissioner's regulatory responsibility for railroad crossings.

The history leading to this litigation, with a sketch of the disputed crossing, is set out...

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