Preview:

FILED: October 31, 2001
IN THE COURT OF APPEALS OF THE STATE OF OREGON
AT&T COMMUNICATIONS OF THE PACIFIC NORTHWEST, INC.,
a Washington corporation,
and AT&T WIRELESS SERVICES OF OREGON, INC.,
a Nevada corporation,

Respondents,

v.
CITY OF EUGENE,
an Oregon municipal corporation,
Appellant.

16-98-12672; A105861 Appeal from Circuit Court, Lane County. Maurice K. Merten, Judge. Argued and submitted January 22, 2001. William F. Gary argued the cause for appellant. With him on the briefs were Linda J. Kessel and Harrang Long Gary
Rudnick P.C.
Stephen F. Crew and Howard J. Symons argued the cause for respondents. With them on the brief were T. Chad
Plaster, Ramis Crew Corrigan & Bachrach, LLP, and Mintz Levin Cohn Ferris Glovsky and Popeo, PC, Washington,

D.C.

Zachary W.L. Wright, Kristin Hazard Hamilton, and Tonkon Torp LLP, filed a brief amicus curiae for Oregon Telecommunications Association.
Sandra L. Arp filed a brief amicus curiae for League of Oregon Cities.
Before Landau, Presiding Judge, and Linder and Brewer, Judges.
LANDAU, P. J.
Reversed and remanded for entry of judgment in favor of City of Eugene.
LANDAU, P. J.
At issue in this case is the validity of a City of Eugene (city) ordinance that imposes various fees and regulatory requirements on telecommunications providers that offer telecommunications services in the city. AT&T Communications of the Pacific Northwest, Inc. (AT&T Communications), and AT&T Wireless Services of Oregon, Inc. (AT&T Wireless), complain that the ordinance is preempted by state and federal law. The trial court agreed and entered summary judgment declaring the ordinance invalid and enjoining the city from enforcing it. The city appeals, arguing that the trial court erred in concluding that the ordinance is preempted by either state or federal law. We agree and reverse and remand.
I. FACTUAL BACKGROUND
The relevant facts are not in contention. The city is a home rule municipality, governed by a charter enacted by the people in 1976. Among other things, that charter grants the city the following authority:
"(2) The city has all powers that the constitution or laws of the United States or of this state expressly or
impliedly grant or allow cities, as fully as if this charter specifically stated each of those powers.
"(3) In this charter no mention of a particular power may be construed to be exclusive or to restrict the
scope of the powers that the city would have if the particular power were not mentioned. The charter shall
be liberally construed, to the end that the city have all powers necessary or convenient for the conduct of
its affairs, including all powers that cities may assume under state laws or the provisions of the state
constitution regarding municipal home rule."
Eugene Charter ch II,

Download A105861.pdf

Oregon Law