Wah Chang v. PacifiCorp

Defendant appeals the trial court’s order granting plaintiff relief from judgment. ORCP 71 B(1). Originally, plaintiff sought a declaratory judgment declaring that it has no further obligations to purchase electricity from defendant under the parties’ contract. Plaintiff alleged, inter alia, that the primary purpose of that contract had been frustrated by an unanticipated event. The trial court granted defendant’s motion for summary judgment, and, nearly a year after the entry of judgment, plaintiff sought relief under ORCP 71 B. Specifically, plaintiff proffered “newly discovered evidence”…