Legal Opinion

Emerald People's Utility District v. Pacific Power & Light Co.

Oregon Supreme Court

Decided November 25, 1986No. TC 83-1726; CA A30473; SC S 32566PublishedCited by 3 opinions

1Opinion of the CourtPeterson, C. J.

Emerald People’s Utility District (Emerald) filed this action under ORS 543.610 (1981) to take over the hydroelectric project of defendant Pacific Power & Light (PP&L). ORS 543.610 (1981) authorized the “state, or any municipality thereof * * * to take over” power-generating facilities at “net investment,” a price which, in some cases, is more advantageous than the value generally required to be paid by a condemnor.1

The trial court dismissed Emerald’s complaint, holding that a people’s utility district (PUD) may not take over an existing facility under ORS 543.610 because it is not a…

2Cases cited6 opinions

  1. Oregon Business Planning Council v. Department of Land Conservation & DevelopmentOregon Supreme Court · 1981
  2. Board of Directors of Northern Wasco County People's Utility District v. KellyOregon Supreme Court · 1943
  3. State Ex Rel. Eckles v. WoolleyOregon Supreme Court · 1986
  4. Little Nestucca Road Co. v. Tillamook CountyOregon Supreme Court · 1897
  5. Emerald People's Utility District v. Pacific Power & Light Co.Court of Appeals of Oregon · 1985

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Emerald PUD v. PP & LOregon Supreme Court · 1986
  2. Department of Environmental Quality Oregon v. Spar Investment Co.Court of Appeals for the Ninth Circuit · 2003
  3. Eric Cooper v. Applied Integ. Techs., Inc.Court of Appeals for the Ninth Circuit · 2020

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