Legal Opinion

Time Warner Telecom of Oregon, LLC v. City of Portland

District Court, D. Oregon

Decided July 7, 2006No. CV 04-1393-PA, CV 05-1386-PAPublished

1Opinion of the Court

OPINION

PANNER, District Judge.

In these consolidated actions, one issue remains for decision: the City of Portland’s counterclaim for breach of contract against Time-Warner Telecom of Oregon, LLC (TWT). The parties have submitted the issue to the court for resolution.

These are my findings of fact and conclusions of law. I conclude that TWT breached its franchise agreement with the City by failing to treat revenues from information and co-location services as “gross revenues.”

FINDINGS OF FACT

In 1997, the City granted GST Telecom Oregon, Inc. (GST), a ten-year franchise to operate a fiber optics…

2Cases cited7 opinions

  1. Yogman v. ParrottOregon Supreme Court · 1997
  2. Pacific First Bank v. New Morgan Park Corp.Oregon Supreme Court · 1994
  3. Northwest Natural Gas Co. v. City of PortlandOregon Supreme Court · 1985
  4. City of Joseph v. Joseph Water Works Co.Oregon Supreme Court · 1910
  5. Nixon v. Cascade Health Services, Inc.Court of Appeals of Oregon · 2006

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