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AMERICAN ENERGY, INC. v. CITY OF SISTERS

10CV0232AB; A146039.

280 P.3d 985 (2012)

250 Or. App. 243

AMERICAN ENERGY, INC., a Washington corporation; McMeekin Enterprises, Inc., dba Powerhouse Fuel, an Oregon corporation; Juniper Fuel, Inc., dba Sisters Pump House, an Oregon corporation; Pliska Investments, LLC, dba Space Age Fuel, an Oregon limited liability company; and Sisters Mainline Station, LLC, an Oregon limited liability company, Plaintiffs-Appellants, v. CITY OF SISTERS, an Oregon municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided May 31, 2012.

Attorney(s) appearing for the Case

Paul R. Romain , Portland, argued the cause for appellants. With him on the briefs was The Romain Group, LLC.

Steven D. Bryant , Redmond, argued the cause for respondent. With him on the brief was Bryant, Emerson & Fitch, LLP.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.

ORTEGA, P.J.

The issue in this case is whether a city ordinance that is subsequently referred to the people by a citizen referendum is "enacted" when it is adopted by the city council, or when it is approved by the people. Plaintiffs brought this action seeking to enjoin defendant City of Sisters from implementing an ordinance imposing a fuel tax on the ground that the ordinance is void and unenforceable because, according to plaintiffs, it was enacted during a statewide...

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