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MCPHERSON v. COOS BAY-NORTH BEND WATER BD.

A174607.

509 P.3d 715 (2022)

318 Or. App. 582

Lois MCPHERSON, Plaintiff-Appellant, and Douglas Bankler and Debra Bankler, individually and on behalf of all similarly situated, Plaintiffs, v. COOS BAY-NORTH BEND WATER BOARD, a municipal corporation and utility, and City of North Bend, a public entity, Defendants-Respondents.

Court of Appeals of Oregon.

March 30, 2022.

Attorney(s) appearing for the Case

Emily Teplin Fox argued the cause for appellant. Also on the briefs were Julie Sugano O'Reilly , Emily Rena-Dozier , William Niese , and Oregon Law Center.

Luke W. Reese argued the cause for respondent Coos Bay-North Bend Water Board. On the joint answering brief were Matthew J. Kalmanson and Hart Wagner LLP, Luke W. Reese , Shayna M. Rogers , and Garrett Hemann Robertson PC.

Matthew J. Kalmanson , Portland, argued the cause for respondent City of North Bend. On the joint answering brief were Matthew J. Kalmanson and Hart Wagner LLP, Luke W. Reese , Shayna M. Rogers , and Garrett Hemann Robertson PC.

Before Tookey, Presiding Judge, and Aoyagi, Judge, and Armstrong, Senior Judge.

Defendant City of North Bend imposes a fee on residents for public safety, which is billed as a line item on monthly water and sewer utility bills.1 Water and sewer utility bills are sent to ratepayers by defendant Coos Bay-North Bend Water Board (water board), which is a "joint instrumentality" of the...

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