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NW NATURAL GAS CO. v. CITY OF GRESHAM

110708422; A150990.

330 P.3d 65 (2014)

264 Or. App. 34

NORTHWEST NATURAL GAS COMPANY, an Oregon corporation; and Portland General Electric Company, an Oregon corporation, Plaintiffs-Respondents, and Rockwood Water People's Utility District, Intervenor-Respondent, v. CITY OF GRESHAM, a municipality and public body within the state of Oregon, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 2, 2014.

Attorney(s) appearing for the Case

David R. Ris argued the cause and filed the briefs for appellant.

Jeffrey G. Condit argued the cause for respondents Northwest Natural Gas Company and Portland General Electric Company. With him on the brief was Miller Nash LLP.

Casey M. Nokes argued the cause for respondent Rockwood Water People's Utility District. With him on the brief were Clark I. Balfour , Jon W. Monson , and Cable Huston Benedict Haagensen & Lloyd LLP.

Before ARMSTRONG, Presiding Judge, and HADLOCK, Judge, and EGAN, Judge.

ARMSTRONG, P.J.

Plaintiffs Northwest Natural Gas (NW Natural), Portland General Electric (PGE), and Rockwood Water People's Utility District (Rockwood) brought this declaratory relief action challenging a City of Gresham resolution that increased plaintiffs' utility-license fees from five percent to seven percent of the gross revenue that plaintiffs receive from their Gresham operations. Plaintiffs contended that the city could not impose the increased fee because...

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