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Appeal could pause lawsuit in Portland, Oregon

On Behalf of | May 2, 2014 | Civil Appeals |

The Portland City Council has been facing a lawsuit for the use of funds. Specifically, utility spending has been done in an improper fashion, according to the suit, and around $1.2 million was used for things like building restrooms or even financing political campaign projects. The suit has been going on for about two and a half years.

However, the lawsuit could come to a halt for a bit while a ruling in the case goes to the appeals court. A judge recently stated that the city should not have been able to spend the money in that fashion because those things were not reasonably related to what the money was originally supposed to be used for, such as sewer costs.

The city’s representatives now want to appeal that ruling so that another court can decide if it was correct or not. While this appeal is taking place, the original case would have to wait. The point being made by the lawyers is that there are other cases — many of them — that could also be impacted by this ruling and the precedent that it sets. They need to determine if it is going to be upheld before moving forward. Doing anything else could be seen as a waste of time since that ruling could eventually be overturned.

When a ruling is made in a case, the ramifications of that ruling on all other cases need to be considered, as does the possibility that another court will not see things the same way as that lone judge. This is when civil appeals could be needed, so all involved in these types of cases need to be aware of their options.

Source: OregonLive, “Portland utility lawsuit: City wants to appeal judge’s decision over authority, misspent money” Brad Schmidt, Apr. 24, 2014

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