Advanced Drainage Systems, Inc. v. City of Portland

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 plaintiffs 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 a declaration that it had complete discretion to choose what products to authorize for use on its construction sites. The city then moved for…