Willamette Law Online

Oregon Court of Appeals


American Energy, Inc. v. City of Sisters

Summarized by: 

Date Filed: 05-31-2012
Case #: A146039
Ortega, P.J. for the Court; Brewer, J.; and Sercombe, J..
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A146039.pdf

Civil Law: Under section 25 of the Oregon Jobs and Transportation Act, an ordinance is deemed enacted when it is adopted by it's governing body, rather than after it has been referred for a citizen's vote.

American Energy (American) appealed the trial court's ruling in favor of City of Sisters (City) that upheld the enactment of an ordinance imposing a fuel tax. American argued that the ordinance was enacted after a citizen's vote, which occurred during a moratorium of the creation of local fuel taxes. City argued that the ordinance was enacted when the city council adopted it, rather than when it was later referred to the citizens; the adoption by the city council occurred before the moratorium. The Court of Appeals held that, under section 25 of the Oregon Jobs and Transportation Act (OJTA), an ordinance is enacted when the governing body adopts it. Therefore, the present ordinance was adopted by the city council before the moratorium went into affect. Affirmed.