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ROBERT RANDALL COMPANY v. CITY OF MILWAUKIE

575 P.2d 170 (1978)

32 Or.App. 631

The ROBERT RANDALL COMPANY, an Oregon Corporation, Appellant, v. CITY OF MILWAUKIE, a Public Corporation, Respondent.

Court of Appeals of Oregon.

Decided February 21, 1978.

Attorney(s) appearing for the Case

James L. Carney, Portland, argued the cause for appellant. With him on the brief was Benson, Arenz, Lucas & Davis, Portland.

Myer Avedovech, Milwaukie, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and TANZER and BUTTLER, JJ.

BUTTLER, Judge.

Plaintiff brought this action under the Oregon Tort Claims Act, ORS 30.265 et seq., alleging that defendant tortiously delayed the processing of plaintiff's building permit application until defendant established a Design Review Committee, which delay resulted in pecuniary damage to plaintiff. Defendant demurred on the ground that the action was "discretionary" within the meaning of ORS 30.265(3)(c),1 for which the city...

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