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CITY OF PORTLAND v. SETTERGREN

549 P.2d 1290 (1976)

CITY OF PORTLAND, Oregon, a Municipal Corporation, Appellant, v. Gene H. SETTERGREN, d/b/a Gene H. Settergren, General Contractor, et al., Respondents.

Court of Appeals of Oregon.

Decided June 1, 1976.

Attorney(s) appearing for the Case

Donald C. Jeffery, Sr. Deputy City Atty., Portland, argued the cause for appellant. With him on the briefs was John W. Osburn, City Atty., Portland.

J. William Bennett, Portland, argued the cause and filed the brief for respondent Settergren.

Ridgway K. Foley, Jr., Portland, argued the cause for respondents Tegart. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe and Rockne Gill, Portland.

Before FOLEY, P.J., and FORT and HOWELL, JJ.

FOLEY, Presiding Judge.

In the process of constructing a large, concrete reservoir for the City of Portland in 1973, defendant Settergren, the contractor, placed approximately 5,000 yards of earth material on hillside property belonging to defendants Tegart, located on Fairmount Boulevard. The contractor had permits for the removal of the material from the reservoir site but did not obtain the required permits for placing the fill material on the Tegarts' land. Pursuant...

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