ROGERS v. LANE COUNTY

CC 16-87-00752; CA A44047; SC S35387; S35492.

771 P.2d 254 (1989)

307 Or. 534

In the matter of the Legality of an Intergovernmental Agreement between Lane County and the City of Eugene Regarding Certain Improvements to the Eugene Municipal Airport. William R. ROGERS, Jr., Respondent On Review, v. LANE COUNTY and City of Eugene, Petitioners On Review.

Supreme Court of Oregon.

Decided March 21, 1989.

Reconsideration Denied May 2, 1989.


Attorney(s) appearing for the Case

Timothy J. Sercombe, of Harrang, Long, Watkinson & Arnold, P.C., Eugene, argued the cause for petitioner on review City of Eugene. With him on the petition was Stanton F. Long, Eugene.

Teresa Wilson, Asst. County Counsel, Eugene, argued the cause for petitioner on review Lane County. William A. Van Vactor, County Counsel, Eugene, filed the petition for review.

Larry O. Gildea, Eugene, argued the cause for respondent on review.

Eric H. Carlson, Salem, filed an amicus curiae brief on behalf of the League of Oregon Cities.

Before PETERSON, C.J., and LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ.


JONES, Justice.

The issue in this case is whether Article IX, section 3a of the Oregon Constitution1 prohibits the use of highway funds for the construction of a parking lot and covered walkway at the Eugene municipal airport. Lane County (County) and the City of Eugene (City) entered into an agreement for the purpose of sharing certain highway funds. The County and the City brought a validation proceeding pursuant to ORS 33.710(2)(d)...

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