Lane County v. Paulus

This is a declaratory judgment action in which plaintiff Lane County contends that it has statutory discretion to commingle federal forest revenues in the county road fund with other county monies for the purpose of investment and to credit all the interest earned from the commingled investments to the county’s general fund. See 16 USCA § 500; ORS 293.560; ORS 294.060(1). Defendant Secretary of State argues that the county is required generally to invest unexpended road fund monies — including the forest revenues — for the benefit of the road fund and that only the “residual” amounts from the…