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NORTHWEST NATURAL GAS CO. v. CITY OF PORTLAND

CC A8302-00967; CA A28765; SC S31336.

711 P.2d 119 (1985)

300 Or. 291

NORTHWEST NATURAL GAS CO., Pacific Power & Light Co., Pacific Northwest Bell, and General Telephone Company of the Northwest, Petitioners On Review, v. CITY OF PORTLAND, County of Multnomah, Tri-County Metropolitan Transportation District, Respondents On Review, State of Oregon, Defendant, Portland General Electric Company, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided November 26, 1985.

Attorney(s) appearing for the Case

Jacob Tanzer, Portland, argued the cause for petitioners on review. With him on the petition were Ball, Janik & Novack, and Warren Hastings, Jr., Portland.

Jeffrey L. Rogers, City Atty., Portland, argued the cause for respondent on review City of Portland. With him on the response to the petition were Ruth Spetter, Lynda Nelson Gardner and Kathryn Beaumont Imperati, Deputy City Attys., Portland.

Paul L. Meyer, of Kobin & Meyer, P.C., Portland, argued the cause for respondents on review County of Multnomah and Tri-County Metropolitan Transp. Dist. On the response to the petition were John Leahy, Portland, for County of Multnomah, and Susan G. Whitney, of Kobin & Meyer, P.C., Portland, for Tri-County Metropolitan Trans. Dist.

JONES, Justice.

This is a proceeding for declaratory relief arising from a dispute between five public utilities (plaintiffs) and the City of Portland, Multnomah County and the Tri-County Metropolitan Transit District (Tri-Met) (defendants).1 The issue is whether the City of Portland has legal authority to compel the utilities to relocate or adjust their existing utility facilities within the...

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