Emerald People's Utility District v. Pacificorp

After adopting the resolution that ORS SS^SH) 1 prescribes, plaintiff, a people’s utility district, brought this action to condemn four hydroelectric generating plants and related facilities that defendant public utility owns and operates on the North Umpqua River. 2 Defendant and the intervenor Public Utility Commission (PUC) asserted through affirmative defenses that the proposed condemnation was not “most compatible with the greatest public good and the least private injury.” The court denied plaintiffs motion to strike the defenses and, after trial, ruled in accordance with them and…