Portland General Electric Co. v. City of Estacada

I am unable to concur in the opinion of the court for the reason that, as I view it, the law does not sanction a suit by a private party to question, under circumstances such as are present in this case, the validity of annexation of territory by a municipality.

The court has construed the complaint as one brought under the declaratory judgments statute, I disagree. Neither the counsel who drafted the complaint nor counsel for the defendant have ever suggested that this is the nature of the proceeding. In the court below counsel for plaintiff said in a brief: “This is a proceeding in equity.”…