NORTHWEST NATURAL GAS v. CITY OF GRESHAM

(SC S062535 (Control)), (SC S062556), (CC 1107-08422; CA A150990).

374 P.3d 829 (2016)

359 Or. 309

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, Petitioner on Review. v. CITY OF GRESHAM, a municipality and public body within the state of Oregon, Defendant-Appellant, Respondent on Review. Northwest Natural Gas Company, an Oregon corporation; and Portland General Electric Company, an Oregon corporation, Plaintiffs-Respondents, Petitioners on Review, 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, Respondent on Review.

Supreme Court of Oregon.

Decided May 5, 2016.


Attorney(s) appearing for the Case

Bruce L. Campbell , Miller, Nash, Graham & Dunn, LLP, Portland, argued the cause and filed the brief for petitioners on review Portland General Electric Company and Northwest Natural Gas Company. With him on the brief was Jeffrey G. Condit.

Casey M. Nokes , Cable Huston, LLP, Portland, argued the cause and filed the brief for petitioner on review Rockwood Water People's Utility District. With him on the brief were Tommy A. Brooks and Clark I. Balfour.

David R. Ris , City Attorney, Gresham, argued the cause and filed the brief for respondent on review.

Lisa Rackner , McDowell Rackner & Gibson PC, Portland, filed the brief for amici curiae Avista, Idaho Power, and PacifiCorp. With her on the brief was Ruth Harper.

Katherine Thomas , League of Oregon Cities, Salem, filed the brief for amicus curiae League of Oregon Cities. With her on the brief was Sean O'Day.

Jesse E. Cowell , Davison Van Cleve, PC, Portland, filed the brief for amici curiae Industrial Customers of Northwest Utilities and the Northwest Industrial Gas Users. With him on the brief were Melinda J. Davison and Edward A. Finklea.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LANDAU, BALDWIN, BREWER, and NAKAMOTO, Justices.


Plaintiffs Rockwood Water People's Utility District (Rockwood PUD), Northwest Natural Gas Company (NW Natural) and Portland General Electric Company (PGE) seek review of a Court of Appeals decision upholding the validity of municipal enactments by respondent City of Gresham (the city) that increased...

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