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ADVANCED DRAINAGE v. CITY OF PORTLAND

040505306; A128953.

166 P.3d 580 (2007)

214 Or. App. 534

ADVANCED DRAINAGE SYSTEMS, INC., a Delaware corporation, Plaintiff-Appellant, v. CITY OF PORTLAND, Oregon, an Oregon municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 22, 2007.

Attorney(s) appearing for the Case

Michael H. Simon, Portland, argued the cause for appellant. With him on the briefs were Julia E. Markley and Perkins Coie LLP.

Ruth M. Spetter, Senior Deputy City Attorney, argued the cause for respondent. With her on the brief was the Office of the City Attorney.

Before SCHUMAN, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

SCHUMAN, P.J.

Plaintiff, a corporation that manufactures a product called corrugated high density polyethylene pipe (C-HDPE), brought this action against the City of Portland seeking a declaration that the city's refusal to authorize the use of C-HDPE for its storm sewers violated plaintiff's right to equal treatment under the Oregon and United States Constitutions, and also seeking to enjoin the city from continuing that refusal. The city counterclaimed, seeking...

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