Legal Opinion

City of Eugene v. Nalven

Court of Appeals of Oregon

Decided February 25, 1998No. 16-95-06123; CA A93715PublishedCited by 11 opinions

1Opinion of the Court

*722LANDAU, J.

In this action for declaratory and injunctive relief, the City of Eugene (City) seeks to compel defendant to connect her residence, located outside the City’s corporate limits, to the City’s sanitary sewer system. Defendant contends that the City cannot compel an extraterritorial connection without providing notice to the affected property owner, holding hearings and establishing the inadequacy of her current system. The City contends that state statutes either expressly or impliedly authorize it to compel connection on demand. Both parties moved for summary judgment. The trial…

2Cases cited5 opinions

  1. Stull v. HokeOregon Supreme Court · 1997
  2. State v. Port of AstoriaOregon Supreme Court · 1916
  3. Richards v. City of PortlandOregon Supreme Court · 1927
  4. Bell v. City of CorvallisCourt of Appeals of Oregon · 1976
  5. City of Klamath Falls v. LewisCourt of Appeals of Oregon · 1976

3Cited by11 opinions

  1. State v. StamperCourt of Appeals of Oregon · 2005
  2. City of Riverview v. Sibley LimestoneMichigan Court of Appeals · 2006
  3. Waxman v. Waxman & Associates, Inc.Court of Appeals of Oregon · 2008
  4. Hazell v. BrownCourt of Appeals of Oregon · 2010
  5. GTE Northwest Inc. v. Oregon Public Utility CommissionCourt of Appeals of Oregon · 2002

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