On Friday, July 16, Circuit Court Judge Janice Wilson issued a permanent injunction to remove the Willamette Electric People's Utility District vote from the November ballot. This decision was in response to a lawsuit on the PUD's consitutionality filed by Charles Hinkle of Stoel Rives, on behalf of the following plaintiffs: |
Gary Coe - owner, Speed's Supertow
Mark Cooksey - PGE employee
Dave Johnson - PGE employee
Dan Yates - president of American Waterways (Portland Spirit cruise ship)
The Willamette Electric People's Utility District campaign is an attempt to establish a PUD in eight precincts which voted a majority in favor of the Multnomah County PUD in November 2003. The lawsuit contends that the Willamette Electric PUD violates the Oregon State Constitution because it would be formed from "part of a municipality" rather than an entire municipality or county. The Constitution does not explicitly say that PUDs cannot be formed from parts of municipalities. However, Judge Wilson chose to support Mr. Hinkle's interpretation of the Constitution.