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SPRINGFIELD UTILITY BD. v. EMERALD PUD

CC 16-01-19121, CA A118530, SC S51305.

125 P.3d 740 (2005)

339 Or. 631

SPRINGFIELD UTILITY BOARD, acting for and on behalf of the City of Springfield, Petitioner on Review, v. EMERALD PEOPLE'S UTILITY DISTRICT, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided December 30, 2005.

Attorney(s) appearing for the Case

Peter R. Mersereau, of Mersereau & Shannon, LLP, Portland, argued the cause for petitioner on review. Thomas W. McPherson, of Mersereau & Shannon LLP, Portland, filed the briefs for petitioner on review.

Timothy J. Sercombe, of Preston Gates & Ellis, LLP, Portland, argued the cause for respondent on review. With him on the briefs was Carra L. Sahler.

John H. Hammond, Jr., of Berry, Elsner & Hammond, LLP, Portland, filed a brief on behalf of amicus curiae Oregon Municipal Electric Utilities.

Lori Irish Bauman, of Ater Wynne LLP, Portland, filed a brief on behalf of amicus curiae Oregon People's Utility District Association, Inc.

CARSON, C.J.

At issue in this declaratory judgment action is whether a city possesses authority to exclude a people's utility district (PUD) from providing electrical services in an area newly annexed to the city when the Public Utility Commission of Oregon (PUC)1 previously had allocated that area to the PUD as part of the PUD's exclusive service territory...

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