Chapter 450

NOTES OF DECISIONS

      Where city with home rule charter enacted ordinance imposing franchise fee on sanitary authority for use of city’s rights-of-way, ordinance operates concurrently with state law and is not preempted. Rogue Valley Sewer Services v. City of Phoenix, 262 Or App 183, 329 P3d 1 (2014), aff’d 357 Or 437, 353 P3d 581 (2015)

      450.005 to 450.303

ATTY. GEN. OPINIONS: Provision of sewer service to property outside boundaries of sanitary districts, (1980) Vol 41, p 183

      450.045

ATTY. GEN. OPINIONS: Validity of freeholder qualification, (1972) Vol 35, p 1137

      450.825

NOTES OF DECISIONS

      Though sewer authority alleged statutory responsibility for planning sewer systems precluding county from adopting conflicting sewer policies in its comprehensive plan, county had authority, under ORS 197.175, consistent with state-wide planning goals to adopt its own policies relating to sewer systems. Jackson County v. Bear Creek Authority, 293 Or 121, 645 P2d 532 (1982)

      450.920

NOTES OF DECISIONS

      Defense of good faith reliance on advice of counsel was available in action on relation of taxpayers against directors of Sanitary Authority seeking return of moneys allegedly expended for purposes other than authorized by law; to establish defense of advice of counsel, defendants must show they relied in good faith on advice given and without personal benefit. Bear Creek v. Hopkins, 53 Or App 212, 631 P2d 808 (1981), Sup Ct review denied