Interested in the gory details of the important new lawsuit brought against the Portland water and sewer bureaus for spending ratepayers' money on mission creep frivolities? You can read the complaint here. May this long-awaited effort bear fruit.
Comments (13)
While I'm sorry to see it have to come to a lawsuit, as it will require the spending of public funds for the city to mount a defense, I'm glad the plaintiffs are doing so. Unfortunately, there's really no other or better way to slap the city out of its smug disregard for the legitimate and long-standing grievances of citizens and utility customers.
There was a court case several years ago in which the City of Portland repeatedly told the court that water funds could be used only for water projects. A real go-getter would dig up the depos and trial transcripts ...
Will the legal defense fees incurred by the CoP (and the plaintiffs' fees if they prevail on the common fund theory) be recouped via additional increased sewer/water rates? Or will they come from the general fund?
I would think that the elected City Auditor and the City Attorney together have the necessary authority to remedy this problem.
The complaint could still be amended before the city answers to add individually named city officials as defendants. The City Attorney should not be representing the private interests of named city officials, as against the City, for their personal liability. Name them, and shame them, and force the City Attorney to align her loyalty to the City correctly.
I agree that it is time for this to get resolved, but in the end they will just take money we are paying for something else to cover the costs. The only possible light at the end of the tunnel is that they might decide they can no longer get away with stealing money from various places for pet projects, and things might get better over time.
But I suspect for that to happen there will need to be more lawsuits like this one to cover everything else they are doing.
The City is looking at serious shortfalls in the General Fund in the next few years. Will be interesting to see how the City plays this in terms of funding the defense - Water and Sewer are Enterprise funds, accounted for much like businesses, unless of course, they're treated like the deep pockets for pet projects they've become.
There is a wonderful concept called "judicial estopple." Real interesting. Basically its a rule against a party arguing out of both sides of their mouth. If a party tells a court "x" is black in case # 1, that same party isn't allowed to tell another court that "X" is white in case # 2.
Caplener v. U.S. National Bank, 317 Or 506, 516-21, 857 P2d 830 (1993)and Hampton Tree Farms, Inc. v. Jewett, 320 Or 599, 892 P2d 683 (1995)are the leading Oregon cases.
The courts get all "hinkey" when the think a party has either previously defrauded another court, or is trying to defraud them.
Charamba, Douro 2008
Horse Heaven Hills, Cabernet 2010
Lorelle, Horse Heaven Hills Pinot Grigio 2011
Avignonesi, Montepulciano 2004
Lorelle, Willamette Valley Pinot Noir 2011
Villa Antinori, Toscana 2007
Mercedes Eguren, Cabernet Sauvignon 2009
Lorelle, Columbia Valley Cabernet 2011
Purple Moon, Merlot 2011
Purple Moon, Chardonnnay 2011
Abacela, Vintner's Blend No. 12
Opula Red Blend 2010
Liberte, Pinot Noir 2010
Chateau Ste. Michelle, Indian Wells Red Blend 2010
Woodbridge, Chardonnay 2011
King Estate, Pinot Noir 2011
Famille Perrin, Cotes du Rhone Villages 2010
Columbia Crest, Les Chevaux Red 2010
14 Hands, Hot to Trot White Blend
Familia Bianchi, Malbec 2009
Terrapin Cellars, Pinot Gris 2011
Columbia Crest, Walter Clore Private Reserve 2009
Campo Viejo, Rioja, Termpranillo 2010
Ravenswood, Cabernet Sauvignon 2009
Quinta das Amoras, Vinho Tinto 2010
Waterbrook, Reserve Merlot 2009
Lorelle, Horse Heaven Hills, Pinot Grigio 2011
Tarantas, Rose
Chateau Lajarre, Bordeaux 2009
La Vielle Ferme, Rose 2011
Benvolio, Pinot Grigio 2011
Nobilo Icon, Pinot Noir 2009
Lello, Douro Tinto 2009
Quinson Fils, Cotes de Provence Rose 2011
Anindor, Pinot Gris 2010
Buenas Ondas, Syrah Rose 2010
Les Fiefs d'Anglars, Malbec 2009
14 Hands, Pinot Gris 2011
Conundrum 2012
Condes de Albarei, Albariño 2011
Columbia Crest, Walter Clore Private Reserve 2007
Penelope Sanchez, Garnacha Syrah 2010
Canoe Ridge, Merlot 2007
Atalaya do Mar, Godello 2010
Vega Montan, Mencia
Benvolio, Pinot Grigio
Nobilo Icon, Pinot Noir, Marlborough 2009
Portuga, Rose 2011
Revelation, Chardonnay, Pays d'Oc 2010
Beaulieu, Cabernet, Rutherford 2005
Monte Alto, Tinto Reserva 2005
Chateau Ste. Michelle, Cabernet, Indian Wells 2009
Espiral, Vinho Rose
Vin-Koru, Pinot Gris 2011
14 Hands, Hot to Trot Red 2009
Rodney Strong, Cabernet, Sonoma 2009
Abacela, Vintner's Blend #11
Portuga, White 2010
La Bourgeoisie, Red 2009
Januik, Red 2009
Three Rivers, River's Red 2008
Kirkland, Alexander Valley Merlot 2008
Muga, Rioja Rose 2010
Quinta das Amoras, Vinho Tinto 2009
Mauro Molino, Barbera d'Alba 2009
Garda Chiaretto Rose
Columbia Crest, Two Vines Vineyard 10 White
Chateau Ste. Michelle, Pinot Gris, Columbia Valley 2009
L'Hortus, Rose de Saignee 2010
Maculan, Pino & Toi 2008
McKinley Springs, Bombing Range Red 2008
Trader Joe's Pinot Gris 2009
Montes Alpha, Cabernet 2007
Gran Sasso, Sangiovese, Terre di Chieti 2009
Garda, Classico Chiaretto Rose
Beaulieu, Cabernet, Rutherford 1999
Picos del Montgo, Tempranillo 2008
Chateau de Montmirail, Vacqueyras 2008
La Granja 360, Syrah 2009
Montgras, Carmenere Reserva 2009
Lange, Pinot Gris 2009
Columbia Crest, Horse Heaven Hills Cabernet 2008
Kirkland, Pinot Grigio 2010
Trader Joe's Coastal Syrah 2009
Columbia Crest, Horse Heaven Hills Merlot 2008
Trader Joe's Coastal Chardonnay 2009
Vieux Papes Red
Domaine de l'Aujardiere, Chardonnay 2009
Santa Rita, Cabernet, Medalla Real 2007
Penfold's, Koonunga Hill Shiraz Cabernet 2008
Guild, Red, Lot #02 2008
Dievole, Dievolino Sangiovese 2008
Laforet, Burgogne Chardonnay 2009
Columbia Winery, Merlot 2007
Bonterra, Cabernet 2008
Elk Cove, Pinot Gris 2009
Maquis Lien 2006
Scott Paul, Pinot Noir, Le Paulee 2007
The Occasional Book
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Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
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Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
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Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
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Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
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Donald Miller - A Million Miles in a Thousand Years
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C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt
Road Work
Miles run year to date: 21
At this date last year: 52
Total run in 2012: 129
In 2011: 113
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In 2009: 67
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In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269
Comments (13)
While I'm sorry to see it have to come to a lawsuit, as it will require the spending of public funds for the city to mount a defense, I'm glad the plaintiffs are doing so. Unfortunately, there's really no other or better way to slap the city out of its smug disregard for the legitimate and long-standing grievances of citizens and utility customers.
Posted by Eric | December 7, 2011 11:07 AM
There was a court case several years ago in which the City of Portland repeatedly told the court that water funds could be used only for water projects. A real go-getter would dig up the depos and trial transcripts ...
Posted by Garage Wine | December 7, 2011 11:31 AM
It's about time someone brought a suit like this.
Will the legal defense fees incurred by the CoP (and the plaintiffs' fees if they prevail on the common fund theory) be recouped via additional increased sewer/water rates? Or will they come from the general fund?
Posted by jmh | December 7, 2011 11:34 AM
The suit names no individuals as defendants.
Posted by reader | December 7, 2011 11:51 AM
I would think that the elected City Auditor and the City Attorney together have the necessary authority to remedy this problem.
The complaint could still be amended before the city answers to add individually named city officials as defendants. The City Attorney should not be representing the private interests of named city officials, as against the City, for their personal liability. Name them, and shame them, and force the City Attorney to align her loyalty to the City correctly.
Posted by pdxnag | December 7, 2011 12:04 PM
I agree that it is time for this to get resolved, but in the end they will just take money we are paying for something else to cover the costs. The only possible light at the end of the tunnel is that they might decide they can no longer get away with stealing money from various places for pet projects, and things might get better over time.
But I suspect for that to happen there will need to be more lawsuits like this one to cover everything else they are doing.
Posted by Michael | December 7, 2011 12:29 PM
Reminds me of an old tune:
Sue City Sue
Posted by Ralph Woods | December 7, 2011 1:28 PM
The City is looking at serious shortfalls in the General Fund in the next few years. Will be interesting to see how the City plays this in terms of funding the defense - Water and Sewer are Enterprise funds, accounted for much like businesses, unless of course, they're treated like the deep pockets for pet projects they've become.
Posted by umpire | December 7, 2011 3:31 PM
Garage Wine -
There is a wonderful concept called "judicial estopple." Real interesting. Basically its a rule against a party arguing out of both sides of their mouth. If a party tells a court "x" is black in case # 1, that same party isn't allowed to tell another court that "X" is white in case # 2.
Caplener v. U.S. National Bank, 317 Or 506, 516-21, 857 P2d 830 (1993)and Hampton Tree Farms, Inc. v. Jewett, 320 Or 599, 892 P2d 683 (1995)are the leading Oregon cases.
The courts get all "hinkey" when the think a party has either previously defrauded another court, or is trying to defraud them.
This is going to be so much fun to watch.
Posted by Nonny Mouse | December 7, 2011 3:59 PM
Irony = The City of Portland pays their legal fees using funds from the Water Bureau.
Posted by Gil Slater | December 7, 2011 5:13 PM
I'm disappointed they did not name the mayor and city council..
Posted by tankfixer | December 7, 2011 6:43 PM
I'm sure that was a deliberate move on the part of lawyer DiLorenzo. If it helps win the case, so be it.
Posted by Jack Bog | December 7, 2011 6:52 PM
Take no prisoners -- please!
Posted by Mojo | December 7, 2011 7:08 PM