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PACIFICORP v. DEPT. OF ENERGY

TC 5106.

21 OTR 116 (2013)

PACIFICORP, an Oregon corporation, and Cascade Natural Gas Corporation, a Washington corporation, Plaintiffs, v. OREGON DEPARTMENT OF ENERGY, an agency of the State of Oregon, and Bob Repine, as Director of Oregon Department of Energy, Defendants.

Tax Court of Oregon, Regular Division.

January 7, 2013.

Attorney(s) appearing for the Case

Jeffrey G. Condit , Miller Nash LLP, Portland, filed the cross-motion and argued the cause for Plaintiffs (taxpayers).

Marilyn J. Harbur , Senior Assistant Attorney General, Department of Justice, Salem, filed the motion and argued the cause for Defendants.

Decision for Defendants rendered January 7, 2013.

HENRY C. BREITHAUPT, Judge.

I. INTRODUCTION

This matter is before the court on cross-motions for summary judgment.

Plaintiffs filed this declaratory action in this court, asserting that a fee imposed under ORS 469.421(8) is a tax and seeking a declaration that any such imposition was in violation of certain provisions of the Oregon Constitution...

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