BROWN v. CITY OF EUGENE

161009774, A147405.

279 P.3d 298 (2012)

250 Or. App. 132

In the Matter of the Petition of John Brown, Bob Cassidy, Rich Cunningham, Joann Ernst, and Ron Farmer, as Commissioners of the Eugene Water & Electric Board, an Oregon municipal corporation. For the Judicial Examination and Judgment of the Court as to the Validity of a Contract for the Sale of Water. John BROWN, Bob Cassidy, Rich Cunningham, Joann Ernst, and Ron Farmer, as Commissioners of the Eugene Water & Electric Board, an Oregon municipal corporation, Petitioners-Respondents, v. CITY OF EUGENE, an Oregon municipal corporation; Friends of Eugene; LandWatch Lane County; and Kevin Matthews, Intervenors-Appellants, and Ashley Miller and Charles Biggs, Intervenors below.

Court of Appeals of Oregon.

Decided May 16, 2012.


Attorney(s) appearing for the Case

Jerome Lidz argued the cause for appellants. Glez Klein filed the brief for appellant City of Eugene. Jannett Wilson and Western Environmental Law Center filed the brief for appellants Friends of Eugene, LandWatch Lane County, and Kevin Matthews. On the reply brief for appellant City of Eugene were Jerome Lidz and Glenn Klein.

Joel S. DeVore , Eugene, argued the cause for respondents. With him on the brief were Luvaas Cobb and Eric S. DeFreest.

Before ORTEGA, Presiding Judge, and HADLOCK, Judge, and EDMONDS, Senior Judge.


HADLOCK, J.

This case arose when the Eugene Water and Electric Board (EWEB) sought judicial validation of a contract under which it agreed to sell water to the City of Veneta. Other interested parties intervened in that validation proceeding, including the City of Eugene. Intervenors argued that EWEB lacked authority to enter into the contract because, under the Eugene Charter, "extension of water service" is subject to control by the Eugene City Council, which has...

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