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HOHNBAUM v. CITY OF WOODBURN

563 P.2d 173 (1977)

29 Or.App. 283

Richard C. HOHNBAUM and Glee C. Hohnbaum, husband and wife, Appellants, v. CITY OF WOODBURN, a municipal corporation and a political subdivision of the County of Marion, State of Oregon, and Matthew A. Wanner, Respondents.

Court of Appeals of Oregon.

Decided April 25, 1977.

Attorney(s) appearing for the Case

Robert L. Engle, Woodburn, argued the cause for appellants. With him on the briefs was Eichsteadt, Bolland & Engle, Woodburn.

Marshall C. Hjelte, Woodburn, argued the cause for respondent City of Woodburn. With him on the brief was Klein & Hjelte, Woodburn.

Daniel J. Van Dyke, Woodburn, argued the cause for respondent Matthew A. Wanner. With him on the brief was P.L. Peterson, Woodburn.

Before SCHWAB, C.J., and LEE and JOHNSON, JJ.

JOHNSON, Judge.

Plaintiffs executed a subdivision plat dedicating a portion of their property to the defendant city for public use as a street. The dedication was accepted by the city and the subdivision was approved. Over a year later plaintiffs brought this suit in equity to rescind the dedication on the ground that they never intended to dedicate the property. They claim that the dedication was executed to accommodate defendant Wanner, a developer, and that Wanner...

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