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SPRINT SPECTRUM, L.P. v. CITY OF EUGENE

16-97-10825; A106774

35 P.3d 327 (2001)

177 Or. App. 417

SPRINT SPECTRUM, L.P., and Wirelessco, L.P., Respondents, v. CITY OF EUGENE, Oregon, an Oregon municipal corporation, Appellant.

Court of Appeals of Oregon.

Decided October 31, 2001.

Attorney(s) appearing for the Case

William F. Gary, Eugene, argued the cause for appellant. With him on the briefs were Linda J. Kessel and Harrang Long Gary Rudnick P.C.

Charles F. Adams argued the cause for respondents. On the brief were Richard S. Gleason, Scott J. Kaplan, Darian A. Stanford, and Stoel Rives LLP.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LANDAU, P.J.

Plaintiffs Sprint Spectrum, L.P. (Sprint), and Wirelessco, L.P. (Wirelessco), initiated this action for declaratory and injunctive relief challenging the validity of a City of Eugene (city) ordinance regulating the provision of telecommunications services. Sprint and Wirelessco contended that the ordinance was preempted by both state and federal law. The parties filed motions for summary judgment. The trial court granted the motions of Sprint and Wirelessco...

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