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US WEST COMMUNICATIONS v. CITY OF EUGENE

16-98-01463; A105859

37 P.3d 1001 (2001)

177 Or. App. 424

US WEST COMMUNICATIONS, INC., Respondent, v. CITY OF EUGENE, an Oregon municipal corporation, Appellant.

Court of Appeals of Oregon.

Decided October 31, 2001.

Attorney(s) appearing for the Case

William F. Gary, Eugene, argued the cause for appellant. With him on the briefs were Linda J. Kessel, Eugene, and Harrang Long Gary Rudnick P.C.

Lawrence H. Reichman, Portland, argued the cause for respondent. With him on the brief were Elizabeth Schwartz, Portland, and Perkins Coie LLP.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LANDAU, P.J.

US West Communications, Inc. (US West), initiated this action for declaratory and injunctive relief, challenging the validity of a telecommunications ordinance enacted by the City of Eugene (city). The company argued that the ordinance is preempted by one or more of a number of different state and federal laws. The trial court agreed and entered summary judgment for US West. The city appeals, and we reverse and remand.

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