EMERALD PUD v. PACIFICORP

L87-1282; CA A49816.

784 P.2d 1112 (1990)

100 Or.App. 79

EMERALD PEOPLE'S UTILITY DISTRICT, Appellant, v. PACIFICORP, a Maine Corporation, Dba Pacific Power & Light Company, Respondent, and the Public Utility Commission of Oregon, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided January 3, 1990.


Attorney(s) appearing for the Case

Donald R. Stark, Portland, argued the cause for appellant. With him on the briefs were Barry L. Adamson and Williams, Fredrickson, Stark & Weisensee, Portland; and Arthur C. Johnson, Richard L. Larson, Don Corson and Johnson, Clifton, Larson & Bolin, Eugene.

Charles F. Hinkle, Portland, argued the cause for respondent. With him on the brief was Gregory R. Mowe and Stoel, Rives, Boley, Jones & Gray, Portland.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for intervenor-respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Paul A. Graham, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


NEWMAN, Judge.

After adopting the resolution that ORS 35.235(1)1 prescribes, plaintiff, a people's utility district, brought this action to condemn four hydroelectric generating plants and related facilities that defendant public utility owns and operates on the North Umpqua River.2 Defendant and the intervenor Public Utility Commission (PUC) asserted through affirmative defenses that the proposed condemnation...

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