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SPRINGFIELD UTILITY BOARD v. EMERALD PUD

16-01-19121; A118530.

84 P.3d 167 (2004)

191 Or. App. 536

SPRINGFIELD UTILITY BOARD, on behalf of the CITY OF SPRINGFIELD, Respondent, v. EMERALD PEOPLE'S UTILITY DISTRICT, Appellant.

Court of Appeals of Oregon.

Decided January 28, 2004.

Attorney(s) appearing for the Case

Timothy J. Sercombe, Portland, argued the cause for appellant. On the opening brief were William K. Kabeiseman and Preston Gates & Ellis LLP.

Peter R. Mersereau, Portland, argued the cause for respondent. On the brief were Thomas W. McPherson and Mersereau & Shannon, LLP.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Judy C. Lucas, Assistant Attorney General, filed the brief amicus curiae for State of Oregon.

Lori Irish Bauman, Portland, Rochelle Lessner, and Ater Wynne LLP filed the brief amicus curiae for People's Utility District Association, Inc.

John H. Hammond, Jr., West Linn, Carrie A. Richter, Portland, and Hutchinson, Hammond & Walsh filed the brief amicus curiae for Oregon Municipal Electric Utilities.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

EDMONDS, P.J.

Defendant Emerald People's Utility District (Emerald) appeals from a summary judgment in this declaratory judgment action. ORS 28.010. The trial court held that plaintiff Springfield Utility Board (the board), acting on behalf of the city of Springfield (the city),1 has the authority to exclude Emerald from providing electrical service to an area that the city annexed (the area in dispute). Most of the area in dispute is...

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