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Page 6 -- October 25. !004 <br /> <br />Act. The court found in its favor. <br /> The city appealed. <br />DECISION: .xu~irmed. <br /> Tm~ ?ortmn of ~he ordinance was nle~al because: ma[erially inhibited <br />provision of zelacom~unica~ion services. <br /> A te~e~o~numca~on,5 ~rovmer eau obtain an a~raisai from a city-ap- <br />stored appraiser of ~ ' ~ <br />, ~e rental value tot the right-of-way it proposed to use. <br />Then :he cfiv wouid se~ a "raft and reasonable rental" p~ce for leasing the fight- <br />of-way based on the appraisal. <br /> The r~nmi oro,dsfons would nearly quadruple Qwest's cost of doing busi- <br />ness. This estimate did not account [or surveying costs, obtaining ~he appraisal, <br />or the rent required for any other Qwest facilities. Cousequently. the rental <br />provisions were prohibitive because they crea~ed a massive increase in cos~. <br /> The ordinance iso raised me costs off doing business by requiting any <br />teieco~mnications company installing conduit to install double capacRy and <br />dedicate it to ~he ,~"-~ The ..... s~ <br /> d~,~. = ....... conduit requirements would increase Qwest's <br />installation costs bv up m 50 percsnt. While the ordinance required anyone <br />using d~e condui~ zo pay ~he company ~ha~ installed h ~ 'Sust and reasonabie <br />pornon of costs," it was not certain any rmmbursement would occur. <br /> Ult~ma~eiy, ~e ordm~ce probJbited ~e!eco~umcations sea, ice by the increased <br />costs caused by ~he excess conduit requirements and the appraisal-based rent. <br />see ~:lso: ~grizon. Mczn, iand inc. v. Pxbiic Se~xice Commission. :o~ ~' ~ U.S. 635 ( ~uO~).°;' o · <br />see aisc,: BeilSourh Teieo2mmm2icarionx Inc. v. Town of Palm Ben, ch..252 <br />1!69 (2001 ~. <br /> <br />Development Plan -- City includes admittedly unneeded land in urban <br />~owth boundao: <br />Under s~te law, a local governmen~ usually had to prove need beJbre i~wius~n <br />Citation: MiMe x Cin, ,?' Caxb),. Court of Appealx qf Oregon, No. A227691 (2004) <br /> <br />O~GON {09/0 i/04~ ~ The C[t,/of Canbv amended its urban growth boundary <br />ro incktde a~proximatelv 30 acres of~ropertv, within the city, [i~ts and ent~ety <br />smsounded by property in the urban growth boundary. The city also amended <br />its compre!~ensi,/e plan :0.:~d zoning map to redesignate the property J:iom <br />,-4-.,~,,-= !ow :i ....',' residential. <br /> -, c ......~,~ r .,~,~ ,- Pkumin~ Goal. a [ocai ,-overnme~c had <br /> <br />":2niieoded :" ,r ..... <br />ckllils~ancz5, :L LOC2i ffOVel'!iillellt .... ~ not na,/e (o demonstrate the [and ,,vas <br /> <br />80 <br /> <br /> <br />