CITY OF SCAPPOOSE v. PUC

94-2001; CA A88205.

919 P.2d 543 (1996)

142 Or. App. 156

CITY OF SCAPPOOSE, Scappoose City Club, and All Other Petitioners from the Scappoose Local Telephone Exchange, Respondents, v. PUBLIC UTILITY COMMISSION OF OREGON, a State agency, Appellant.

Court of Appeals of Oregon.

Decided July 10, 1996.


Attorney(s) appearing for the Case

Pamela G. Wood, Assistant Attorney General, argued the cause for appellant. With her on the briefs were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, Philip M. Schradle, Assistant Attorney General, and Joseph T. McNaught, Assistant Attorney General.

Nancy Sideras, Scappoose, argued the cause and filed the brief for respondents.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


DEITS, Presiding Judge.

Defendant Public Utility Commission (PUC) appeals from the trial court's judgment reversing PUC's orders holding that the Scappoose Telephone Exchange does not meet the tests for inclusion in the Portland Extended Area Service (EAS) region. We reverse.

Plaintiffs are the City of Scappoose and other users of the telephone exchange (collectively Scappoose). They brought this circuit court action pursuant to ORS 756.580 et seq.,

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