ADVOCATES FOR EFF. REG. v. CITY OF EUGENE

16-96-11202; A109190

32 P.3d 228 (2001)

176 Or. App. 370

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 September 5, 2001.


Attorney(s) appearing for the Case

Thomas R. Wood argued the cause for appellants. With him on the briefs were Charles F. Adams and Stoel Rives LLP, Portland.

Jerome Lidz argued the cause for respondent. With him on the brief was Harrang Long Gary Rudnick P.C., Eugene.

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

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


LANDAU, P.J.

At issue in this case is the validity of the City of Eugene "Right to Know Initiative" (Initiative), a voter-approved charter amendment that imposes fees and reporting requirements on users of hazardous substances. The trial court upheld the Initiative, and plaintiffs, a number of businesses subject to the Initiative, appealed. We concluded that three articles of the Initiative are invalid and remanded to the trial court to determine whether those invalid...

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