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HINKLEY v. EUGENE WATER & ELEC. BD.

16-01-18636, A118295

74 P.3d 1146 (2003)

189 Or. App. 181

David G. HINKLEY, an individual; and Mid-Valley Presort & Mailing, Inc., an Oregon Corporation, Appellants, v. EUGENE WATER & ELECTRIC BOARD, a public body, Respondent.

Court of Appeals of Oregon.

Decided August 13, 2003.

Attorney(s) appearing for the Case

James M. Brown, Marylhurst, argued the cause for appellants. With him on the briefs was Enfield Brown Knivila Razor & Cook.

Josephine H. Mooney, Eugene, argued the cause for respondent. With her on the brief was Calkins & Calkins.

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

HASELTON, P.J.

Plaintiffs David G. Hinkley and Mid-Valley Presort & Mailing, Inc. (Mid-Valley) appeal from the trial court's judgment of dismissal of their claims for declaratory and injunctive relief against defendant Eugene Water & Electric Board (EWEB). The court granted defendant's ORCP 21 A motion to dismiss on the grounds of lack of standing and absence of a justiciable controversy. We affirm the dismissal as to Mid-Valley and reverse and remand as to...

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