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J. GREGCIN, INC. v. CITY OF DAYTON

No. 33303; CA 10910.

593 P.2d 1231 (1979)

39 Or.App. 743

J. GREGCIN, INC., an Oregon Corporation, Appellant, v. CITY OF DAYTON, an Oregon Municipal Corporation, Paul Jellum, Its Mayor, Richard Freeborn, Forrest Lien, Arthur Johnson, Paul Jensen, Norman McGrew, and Rex McElwain, the City Council Members, Respondents.

Court of Appeals of Oregon.

Decided April 23, 1979.

Attorney(s) appearing for the Case

C. David Hall, Portland, argued the cause for appellant. With him on brief, were Brian M. Sullivan, and Rask & Hefferin, Portland.

Gary A. Rueter, McMinnville, argued the cause for respondents. With him on brief, were Marsh, Marsh, Haugeberg, Rueter & Phillips, P.C., and Francis E. Marsh, McMinnville.

Before SCHWAB, C.J., and RICHARDSON and JOSEPH, JJ.

JOSEPH, Judge.

Plaintiff brought this action under the Oregon Tort Claims Act to recover damages which allegedly resulted from the city's approval of a subdivision application submitted by plaintiff's predecessor in interest. After the subdivision was approved, building permits were issued and construction was commenced. Subsequently, the Circuit Court issued a writ of mandamus ordering the city to vacate the approval of the subdivision

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