Michelle Hussey, James Hussey, Mary Fran Mathis, John Rutherford, and Teresa Rutherford v. City of Portland, a Municipal Corporation

ORDER

The memorandum disposition filed January 19, 1995 is withdrawn. With the memorandum disposition withdrawn, the Petition for Rehearing and the Motion to Certify Questions of State Law to the Oregon Supreme Court are moot.

OPINION

We must decide whether the City of Portland’s ordinance requiring non-residents to consent to annexation as a condition of receiving a subsidy, or reduction in hook-up costs, for mandated sewer connections, violates their federal constitutional rights to free speech or equal protection.

Michelle and James Hussey along with several of their neighbors are homeowners residing in an area of East Multnomah County outside the City of Portland called “Mid-County” who are required to connect to the City sewer system. When Portland decided to offer connection at a reduced charge to those who signed irrevocable consents to annexation, Hussey sued for declaratory and injunctive relief under 42 U.S.C. §§ 1983 and 1988. On cross-motions for summary judgment, the City prevailed. Hussey appeals, arguing that since consent of a majority of electors (registered voters), as well as homeowners, is required for annexation under Oregon law, the City has infringed the…