Hinkley v. Eugene Water & Electric Board

Plaintiffs David G. Hinkley and Mid-Valley Presort & Mailing, Inc. (Mid-Valley) appeal from the trial court’s judgment of dismissal of their claims for declaratory and injunctive relief against defendant Eugene Water & Electric Board (EWEB). The court granted defendant’s ORCP 21 A motion to dismiss on the grounds of lack of standing and absence of a justiciable controversy. We affirm the dismissal as to Mid-Valley and reverse and remand as to Hinkley.

In reviewing the judgment of dismissal, we assume the truth of all facts alleged in plaintiffs’ complaint, drawing all inferences in favor of…