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MORROW COUNTY v. PORTLAND GENERAL ELECTRIC

85-CV-50; CA A37777.

732 P.2d 73 (1987)

83 Or.App. 474

MORROW COUNTY, a Political Subdivision of the State of Oregon, Acting for Its County Court and County Clerk, Respondent, v. PORTLAND GENERAL ELECTRIC Company, an Oregon Corporation; Gilliam County, a Political Subdivision of the State of Oregon; Wasco Electric Cooperative, an Oregon Utility Cooperative; Ralph W. Hickey; and the State of Oregon by and through David Frohnmayer, Attorney General, Defendants, Pacific Power and Light, an Oregon Corporation, Respondent-Cross-Appellant, Gregory J. Prior, Glenn McQuilken, and Orvis D. Kutschkau, Jr., As Chief Petitioners and Circulator of Petitions for Formation of the Willow Creek People's Utility District, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided January 28, 1987.

Reconsideration Denied April 10, 1987.

Attorney(s) appearing for the Case

Robert A. Lucas, St. Helens, argued the cause for appellants-cross-respondents. With him on the brief was Lucas & Associates, St. Helens.

Charles Hinkle, Portland, argued the cause for respondent-cross-appellant. On the brief were Stephen S. Walters and Stoel, Rives, Boley, Fraser & Wyse, Portland.

No appearance for respondent Morrow County.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

This is a declaratory judgment action brought by Morrow County to resolve questions concerning a petition for an election to form the proposed Willow Creek People's Utility District (WCPUD) in portions of Morrow and Gilliam counties under ORS chapter 261. Defendants Prior, McQuilken and Kutschkau (appellants), the chief petitioners, appeal several trial court rulings, the net effect of which is to prohibit Morrow County from holding an election. Only...

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