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SUESS BUILDERS CO. v. CITY OF BEAVERTON

No. 40-569; CA A20101.

642 P.2d 361 (1982)

56 Or.App. 573

SUESS BUILDERS COMPANY, C. Robert Suess and Helen Suess, Appellants, v. CITY OF BEAVERTON and Tualatin Hills Park and Recreation District, Respondents.

Court of Appeals of Oregon.

Reconsideration Denied April 29, 1982.

Attorney(s) appearing for the Case

Terry D. Morgan, Portland, argued the cause for appellants. On the appellants' brief was John W. Shonkwiler, Morgan & Shonkwiler, P.C., Portland. On the reply brief was Terry D. Morgan, Morgan & Shonkwiler, P.C., Portland.

Carrell F. Bradley, Hillsboro, argued the cause and filed the brief for respondents.

Kevin L. Hanway, Portland, filed a brief amicus curiae, for Home Builders Ass'n of Metropolitan Portland and Oregon State Home Builders Ass'n.

Before GILLETTE, P.J., YOUNG, J., and ROBERTS, J. Pro Tem.

ROBERTS, Judge, Pro Tem.

Plaintiffs appeal the dismissal of their complaint, by which they sought damages for inverse condemnation and violations of 42 U.S.C. §§ 1983 and 1985(3). We find that plaintiffs' complaint fails to state a cause of action and affirm the dismissal.

Plaintiffs own a parcel of land in the City of Beaverton (city) consisting of 9.4 acres.1 The parcel was designated in 1960 as low density residential...

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