CITY OF EUGENE v. PERB

(CC 99C-12794), (CC 99C-12838), (CC 99C-20235), (CC 00C-16173), (CA A121400; SC S50617).

117 P.3d 1001 (2005)

339 Or. 113

CITY OF EUGENE, a municipal corporation, Petitioner-Respondent, v. STATE of Oregon, PUBLIC EMPLOYEES RETIREMENT BOARD, Respondent-Respondent, and Karen Jenkins, Diane Davidson, Arlyn Stepper, Gary Gillespie, Ann Montague, Judith Ann Sugnet, Gary Nauta, and Roger Garver, Intervenors-Appellants. Lane County, City of Eugene, Multnomah County, City of Portland, City of Roseburg, City of Huntington, and Canby Utility Board, municipal corporations, Petitioners-Respondents, v. State of Oregon, Respondent-Respondent, and State of Oregon, by and through Public Employees Retirement Board, Respondent-Respondent, and Karen Jenkins, Diane Davidson, Arlyn Stepper, Gary Gillespie, Ann Montague, Judith Ann Sugnet, Gary Nauta, and Roger Garver, Intervenors-Appellants. City of Eugene, a municipal corporation, by and through Eugene Water & Electric Board, Petitioner-Respondent, v. State of Oregon, Public Employees Retirement Board, Respondent-Respondent, and Karen Jenkins, Diane Davidson, Arlyn Stepper, Gary Gillespie, Ann Montague, Judith Ann Sugnet, Gary Nauta, and Roger Garver, Intervenors-Appellants. Rogue River Valley Irrigation District, a municipal corporation, Petitioner-Respondent, v. State of Oregon, Public Employees Retirement Board, Respondent-Respondent.

Supreme Court of Oregon, En Banc.

Decided August 11, 2005.


Attorney(s) appearing for the Case

Gregory A. Hartman, of Bennett, Hartman, Morris & Kaplan, LLP, Portland, argued the cause for intervenors-appellants Karen Jenkins, Diane Davidson, Arlyn Stepper, Gary Gillespie, Ann Montague, Judith Ann Sugnet, Gary Nauta, and Roger Garver. With him on the briefs was Michael J. Morris.

William F. Gary, of Harrang Long Gary Rudnick P.C., Eugene, argued the cause for petitioners-respondents Lane County, City of Eugene, Multnomah County, City of Portland, City of Roseburg, City of Hunnington, Canby Utility Board, and Rogue River Valley Irrigation District. With him on the brief were Sharon A. Rudnick, Jerome Lidz, and Karla Alderman.

Eric S. DeFreest, of Calkins & Calkins, Eugene, filed the brief for petitioner-respondent Eugene Water & Electric Board.

Jeffrey M. Batchelor, of Markowitz, Herbold, Glade & Mehlhaf, P.C., Portland, filed the brief for respondent-respondent State of Oregon. With him on the brief was Jennifer H. Holcomb.

James P. Baker, pro hac vice, of Orrick, Herrington & Sutcliffe LLP, San Francisco, argued the cause and filed the brief for respondent-respondent State of Oregon, Public Employees Retirement Board. With him on the brief was Townsend Hyatt, Portland.

Daryl S. Garrettson, of Garrettson, Goldberg, Fenrich and Makler, McMinnville, filed a brief on behalf of amici curiae Oregon Council of Police Associations and Oregon State Police Officers' Association. With him on the brief was John Hoag, Eugene.

Scott A. Jonsson, Brian R. Talcott, and James A. Hillas of Dunn Carney Allen Higgins & Tongue LLP, Portland, filed a brief on behalf of amici curiae Sartain Strunk et al., Evans et al., and Burt et al.


DE MUNIZ, J.

These consolidated appeals, over which we have exclusive jurisdiction,1 require us to determine whether a circuit court properly vacated and remanded certain orders that the Public Employees Retirement Board (PERB) issued in 1998 and 2000.2 PERB issued two orders establishing, for the years 1998 and 2000, the amounts that public employers were required to contribute into the Public Employees Retirement...

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