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ROGUE VALLEY SEWER v. CITY OF PHOENIX

103450E2; A148968.

329 P.3d 1 (2014)

262 Or. App. 183

ROGUE VALLEY SEWER SERVICES, an Oregon municipality, Plaintiff-Appellant, v. CITY OF PHOENIX, an Oregon municipality, Defendant-Respondent.

Court of Appeals of Oregon.

Decided April 9, 2014.

Attorney(s) appearing for the Case

Tommy A. Brooks , Portland, argued the cause for appellant. Clark I. Balfour , Carla Scott , and Cable Huston Benedict Haagensen & Lloyd LLP filed the opening brief. With him on the reply brief were Clark I. Balfour and Carla Scott.

Kurt H. Knudsen argued the cause and filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.

ARMSTRONG, P.J.

At issue in this case is the validity of a City of Phoenix ordinance that imposes on Rogue Valley Sewer Services (RVS) a five percent fee on gross receipts that RVS collects from residents of the city for sewer services. RVS contends that the city is not authorized to charge the fee and seeks to enjoin the city from enforcing the ordinance. The trial court decided the issue on summary judgment and concluded that the city's ordinance was valid. RVS...

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