ADVOCATES FOR EFFECTIVE REGULATION v. CITY

(16-96-11202; CA A98053).

981 P.2d 368 (1999)

160 Or. App. 292

ADVOCATES FOR EFFECTIVE REGULATION, AGRIPAC, Inc., an Oregon corporation, Bulk Handling Systems, Inc., an Oregon corporation, Cascade Plating Machine, Inc., an Oregon corporation, Gheen Irrigation Works, Inc., an Oregon corporation, Laurence David, Inc., an Oregon corporation, Molecular Probes, Inc., an Oregon corporation, Newood Products of Oregon, Inc., an Oregon corporation, Purakal Industries, Inc., an Oregon corporation, States Industries, Inc., an Oregon corporation, Trus Joist MacMillan, an Idaho corporation, The Willamette Valley Co., an Oregon corporation, and Clarke's Sheet Metal, Inc., an Oregon corporation, Appellants, v. CITY OF EUGENE, an Oregon municipal corporation, Respondent, and Toxics Right to Know Committee, an Oregon political committee, Jennifer Gleason, Steve Johnson and Mary O'Brien, individually, Intervenors—Respondents.

Court of Appeals of Oregon.

Decided May 5, 1999.


Attorney(s) appearing for the Case

Thomas R. Wood argued the cause for appellants. With him on the opening brief were Richard S. Gleason, Keith M. Garza and Stoel Rives LLP; with him on the reply brief were Richard S. Gleason and Stoel Rives LLP.

Jerome Lidz argued the cause for respondent. With him on the brief were Glenn Klein, Danette M. Bloomer and Harrang Long Gary Rudnick P.C.

Charles M. Tebbutt argued the cause for intervenors—respondents. With him on the brief was Western Environmental Law Center.

Before LANDAU, Presiding Judge, DEITS, Chief Judge, and WOLLHEIM, Judge.


LANDAU, P.J.

Plaintiffs, a number of businesses operating in the city of Eugene, brought this action challenging the validity of the "Right to Know Initiative" (Initiative), a voter-approved amendment to the Eugene City Charter that imposes fees and reporting requirements on users of hazardous substances. The trial court upheld the validity of the Initiative. We conclude that three articles in the Initiative are invalid and therefore reverse and remand in part and...

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