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GOOSE HOLLOW FOOTHILLS v. CITY OF PORTLAND

A8005-02678; CA A27792.

676 P.2d 897 (1984)

GOOSE HOLLOW FOOTHILLS LEAGUE, a nonprofit corporation of the State of Oregon, Howard L. and Jane B. Glazer, Raymond F. and Joan B. Crerand, Robert and Leonora Perron, and Gene B. and Trilby Lee Otten, Appellants, v. CITY OF PORTLAND, Oregon, a Municipal Corporation of the State of Oregon, the City Commissioners of Portland, and Robert C. Warren, Respondents.

Court of Appeals of Oregon.

Decided February 8, 1984.

Reconsideration Denied March 23, 1984.

Attorney(s) appearing for the Case

Robert L. Hurtig, Chief Deputy City Atty., Portland, attorney for respondents City of Portland and The City Com'rs of Portland, joined in the brief of respondent Robert C. Warren.

Edward J. Sullivan, Portland, argued the cause for appellants. With him on the briefs was O'Donnell, Sullivan & Ramis, Portland.

Stephen S. Walters, Portland, argued the cause and filed the brief for respondent Robert C. Warren.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

This declaratory judgment action, ORS ch. 28, is before us for the second time. We did not consider the merits on the first appeal; rather, we reversed and remanded for a declaration on the merits. Goose Hollow v. City of Portland, 58 Or.App. 722, 650 P.2d 135 (1982). On remand, cross-motions were made for summary judgment. The trial court granted defendants' motion and entered...

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