CITY OF EUGENE v. STATE, PERB

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

137 P.3d 1288 (2006)

341 Or. 120

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.

June 30, 2006.


Attorney(s) appearing for the Case

Michael J. Morris, Portland, of Bennett, Hartman, Morris & Kaplin LLP, Portland, filed the petition for reconsideration. With him on the petition were Gregory A. Hartman and Aruna A. Masih.

No appearance contra.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, BALMER, and KISTLER, Justices.


DE MUNIZ, C.J.

Intervenors petition for reconsideration of this court's decision in City of Eugene v. PERB, 339 Or. 113, 117 P.3d 1001 (2005), that dismissed their appeal as moot. Intervenors are individual PERS members who intervened in the litigation below to defend, in part, employer contribution rate orders issued by the Public Employees Retirement Board (PERB) in 1998 and 2000. Because we...

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