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 ...

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?

The suit names no individuals as defendants.

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.

Reminds me of an old tune:

Sue City Sue

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.

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.

Irony = The City of Portland pays their legal fees using funds from the Water Bureau.

I'm disappointed they did not name the mayor and city council..

I'm sure that was a deliberate move on the part of lawyer DiLorenzo. If it helps win the case, so be it.

Take no prisoners -- please!