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COMCAST OF OREGON II v. CITY OF EUGENE

160307308; A126445.

155 P.3d 99 (2007)

211 Or. App. 573

COMCAST OF OREGON II, INC., Plaintiff-Appellant, v. CITY OF EUGENE, an Oregon municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 28, 2007.

Attorney(s) appearing for the Case

Duane A. Bosworth, Portland, argued the cause for appellant. With him on the briefs were Kevin H. Kono and Davis Wright Tremaine LLP.

Jerome Lidz, Eugene, argued the cause for respondent. With him on the briefs were Ross M. Williamson and Harrang Long Gary Rudnick P.C.

Before BREWER, Chief Judge, and SCHUMAN and ROSENBLUM, Judges.

ROSENBLUM, J.

Plaintiff brought this action, seeking a declaratory judgment declaring that certain permit fee schedules enacted by defendant City of Eugene (the city) were invalid and seeking to recover part of the money that it had paid for permits under those fee schedules.1 The parties filed cross-motions for summary judgment. The city asserted that the fee schedules were validly enacted; that, even if they were not, plaintiff had paid...

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