Litigation Events Update

Andrea Nagles won an important victory for the City of Eugene in its dispute with The Horsehead Tavern. The Horsehead Tavern garnered media attention when it appealed the City’s imposition of civil penalties for violating the ordinance limiting smoking to designated outdoor smoking areas. Andrea persuaded the Lane County Circuit Court that the hearings official’s decision affirming the City Planning Department’s imposition of penalties was proper and that the administrative rule interpreting the ordinance was not unconstitutionally vague.

Bob Steringer and Jackie Wilkes obtained an important judicial “seal of approval’ for the Clackamas County Service District No. 1. Bob invoked ORS 33.710, an interesting and little-used statute authorizing a judicial determination of the validity of governmental actions. The Clackamas County Circuit Court validated the District’s action authorizing the issuance of up to $95 million in revenue obligations to finance improvements of the District’s sewage treatment system. Time was of the essence, and Jackie diligently worked with court staff to obtain an expedited hearing on the motion for summary judgment that was granted in favor of the District.