Emerald People's Utility District v. Pacificorp

Plaintiff petitions for Supreme Court review and, thereby, for our reconsideration of our opinion. ORAP 9.15. We allow reconsideration to address one of plaintiffs arguments, and we adhere to our opinion.

The trial and appeal in this case turned largely on defendant’s presentation of economic evidence and plaintiffs contentions that the economic effects of its taking decision fell outside the range of judicial inquiry. Plaintiff asserts that our interpretation of ORS 35.235(2) establishes a general rule that economic considerations are the sole determinant of whether a condemnation is “most…