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Summary of Oregon Restaurant and Lodging Association, et. al. v. City of Bend

5/30/2018

 
Deschutes County Circuit Court Case No. 17CV41968

On September 26, 2017, the Oregon Restaurant and Lodging Association, BHG Bend, LLC, and Wall Street Suites, LLC (together, the “Plaintiffs”) filed suit against the City of Bend alleging that the City’s recently enacted Ordinance NS-2291 violated ORS 320.350(3) by impermissibly lowering the amount of room tax revenue expended to fund tourism promotion.  Through their Complaint, the Plaintiffs sought (1) a declaration from the Court that NS-2291 violated ORS 320.350(3), and (2) an injunction preventing the City from enforcing NS-2291 and ordering the City to expend room tax revenue in accordance with ORS 320.350(3).

The City answered, denying that NS-2291 violated ORS 320.350(3).  The City’s sole affirmative defense was that the Plaintiffs each lacked standing to challenge the validity of NS-2291.   After limited discovery was concluded, Plaintiffs and Defendants filed cross-motions for summary judgment.  On May 8, 2018, the parties’ motions were heard by the Hon. Judge Beth Bagley.  Plaintiffs were represented by Josh Newton.  The City was represented by Ian Leitheiser.

On May 23, 2018, Judge Bagley read the Court’s decision from the bench.  The Court found that each of the Plaintiffs had standing to challenge NS-2291.  The Court then found that by enacting NS-2291, the City violated ORS 320.350(3) by lowering the room tax revenue expended on tourism promotion below the rate agreed upon by the City prior to the enactment of ORS 320.350(3).  Karnopp Petersen is in the process of preparing an order and judgment to be entered in the action.

Once the final judgment is entered, the City may appeal the Court’s decision.  The City will have 30 days from the date the final judgment is entered to file its Notice of Appeal. 

ORLA thanks the firm Karnopp Petersen LLP for their excellent representation in this case.

Related News:
  • Statewide Hospitality Association Files Suit to Defend Tourism Investments

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  • ABOUT
    • Contact Us
    • ORLA Board
    • OHF Board
    • ORLAMS Board
    • Staff
    • Industry Facts
    • Industry Groups
  • MEMBERSHIP
    • Restaurant & Lodging Membership
    • Allied Membership
    • Buyers' Guide
    • Cost-Saving Member Programs >
      • Coupons & Discounts
      • SAIF
      • Dell Technologies
      • Clover
      • Hospitality Insurance Program
      • ASCAP
      • BMI
      • Hospitality Partners
    • Lodging Listings
  • ADVOCACY
    • Take Action
    • Compliance & ADA
    • Federal Advocacy
    • Legislative Session
    • Local Advocacy & Leadership
    • Lottery
    • ORLA Outcomes
    • Meet the Team
    • Support PAC >
      • Donate to PAC
  • FOUNDATION
    • Foundation Board
    • Contribute
    • Guest Service Gold®
    • ProStart >
      • ProStart Championships
      • Prostart / CTE Resources
    • SHARE YOUR STORY
    • Workforce Development >
      • Best Practices
      • Hospitality Job Videos
      • Restaurant Ready
  • TRAINING
    • Alcohol Server Training
    • Food Handler Training
    • ServSafe® Manager
    • Crises & Disasters
    • Guest Service Gold®
    • Industry Training
    • Oregon Tourism Leadership Academy >
      • Before You Apply
      • Experiential Learning Overview
    • Webinars
    • Workforce Resources >
      • Best Practices
      • Hospitality Job Videos
      • Restaurant Ready
  • RESOURCES / EVENTS
    • Ads & Sponsorships
    • Buyer's Guide
    • Blog
    • Calendar
    • Digital Publication
    • ORLA Events >
      • Awards & Recognition
      • ORLA Awards
    • Podcast
    • FAQs
    • Compliance & ADA >
      • Wage and Hour
      • Federal & State Agencies
    • Crises & Disasters
    • Resource Library
    • Sustainability >
      • Reducing Food Waste