United States District Court for the District of Oregon

“ The City of Rajneeshpuram is entitled by Oregon law to an administrative hearing to contest the State of Oregon's actions. As a result, the parties must adjudicate the issue of the City of Rajneeshpuram's constitutionality in the administrative setting as well as in this court. The State of Oregon claims that the City of Rajneeshpuram's right to an administrative hearing does not present a conflict because the City of Rajneeshpuram can simply not exercise that right and can accept the state action. ”

“ Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on any terms as are just.
The scope of application of Rule 21 is extremely broad. The court can exercise its power to allow or to order joinder of any party whose presence is found to be necessary or desirable. ”

“ The questions asked arise out of actions purportedly occurring within the City of Rajneeshpuram. We have determined the existence of some facts, but other critical facts which could influence the answer to any one of the questions presented can only be assumed. In rendering opinions, the Department of Justice is precluded by law from acting as legal counsel for any Oregon city. ”