1. Home
  2. Browse Decisions
  3. P.3d
  4. 144 P.3d
  5. 144 P.3d 935 (2006)
 

TELECOMMUNICATIONS v. DEPT. OF TRANSP.

(CC CCV0208620; S50709).

144 P.3d 935 (2006)

341 Or. 418

OREGON TELECOMMUNICATIONS ASSOCIATION, Colton Telephone Company, Canby Telephone Association and Cascade Utilities, Inc., Respondents, v. OREGON DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Oregon.

Decided October 5, 2006.

Attorney(s) appearing for the Case

Keith L. Kutler, Assistant Attorney General, Salem, argued the cause and filed the briefs for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, Salem.

Richard A. Finnigan, Olympia, Washington, argued the cause and filed the brief for respondents. With him on the brief was Jennifer Niegel, Duncan, Tiger & Niegel, P.C., Stayton.

Timothy J. Sercombe, Preston Gates & Ellis LLP, Portland, filed the brief for amicus curiae Northwest Natural Gas Company.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, BALMER, and KISTLER, Justices.

DURHAM, J.

The issue in this case is whether Article IX, section 3a, of the Oregon Constitution, which we quote below, authorizes the Oregon Department of Transportation (ODOT) to use state highway funds to pay administrative expenses that ODOT incurs in requiring the relocation of utility facilities within a public highway right-of-way.1

Plaintiffs Colton Telephone Company, Canby Telephone Association, and Cascade Utilities, Inc...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases