City of Estacada v. American Sanitary Service, Inc.

This is a declaratory judgment action. American Sanitary Service ("Sanitary”) has a franchise from Clackamas County ("county”) to perform solid waste collection service in unincorporated areas. Walker has a franchise from the city to perform solid waste collection service within the city’s boundaries. After the city annexed part of Sanitary’s area, Walker claimed the right to serve that area. The city initiated this action, asking for a declaration that Sanitary "has no vested property right or legally protected interest in the continuance of its service to areas encompassed in its county…