Pacific Northwest Bell Telephone Co. v. Multnomah County

Defendant appeals from a judgment which invalidated Multnomah County Ordinance No. 367 and enjoined defendant from enforcing the ordinance against plaintiffs. We affirm.

The ordinance, enacted by defendant in February, 1983, provides for the imposition of permit fees for construction within the right-of-way alongside county roads. Plaintiffs, Oregon utilities, use rights-of-way to provide customer service and challenge the validity of the ordinance. The trial court concluded that the ordinance violates ORS 758.010 and is therefore invalid. We agree.

ORS 758.010(1) provides, in pertinent part:

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