CARE AMBULANCE v. MULTNOMAH COUNTY

A8702-01003 & A8702-01031; CA A47353 (Control) & CA A47354.

777 P.2d 997 (1989)

97 Or.App. 618

CARE AMBULANCE Company, Inc., Respondent, v. MULTNOMAH COUNTY, a Political Subdivision of the State of Oregon, the Cities of Portland and Gresham, and Emergency Medical Services Board, Consisting of Hon. Richard Bogle, Hon. Gladys McCoy, and Jane or John Doe 1, in Their Capacities As Emergency Medical Services Policy Board Members, Appellants, and The Cities of Fairview, Troutdale and Wood Village, Defendants. Aa Ambulance Company, Inc., Respondent, v. Multnomah County, a Political Subdivision of the State of Oregon, the City of Portland, Oregon, the City of Gresham, Oregon and the Emergency Medical Services Policy Board, an Agency of Multnomah County, Appellants, and The City of Fairview, Oregon, the City of Troutdale, Oregon and the City of Wood Village, Oregon, Defendants.

Court of Appeals of Oregon.

Decided July 26, 1989.


Attorney(s) appearing for the Case

Sandra Duffy, Asst. County Counsel, Portland, argued the cause for appellants. With her on the briefs was Laurence Kressel, County Counsel for Multnomah County, Oregon, Portland.

John R. Faust, Portland, argued the cause for respondent Care Ambulance Co., Inc. On the brief were Jill S. Gelineau, Donald Joe Willis and Schwabe, Williamson & Wyatt and Ridgway K. Foley, Jr., P.C., Portland.

Jeffrey M. Kilmer, Portland, argued the cause for respondent AA Ambulance Co., Inc. With him on the brief were Jeffrey S. Merrick and Allen, Kilmer, Schrader, Yazbeck & Chenoweth, P.C., Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

Plaintiffs in these consolidated declaratory judgment actions are providers of ambulance and emergency medical services. In December, 1986, Multnomah County's Emergency Medical Services Policy Board (EMSPB) adopted a plan, pursuant to ORS 823.180, that established a single ambulance service area (ASA) for the entire county and established a single provider service system. The provider was to be selected through a bid process, but no exclusive...

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