DIRECTOR OF VETERANS' AFFAIRS v. VICKERY

Nos. TC A8204-02220; CA A28081; SC S30456.

702 P.2d 1070 (1985)

299 Or. 315

State of Oregon, Acting by and through the DIRECTOR OF VETERANS' AFFAIRS, Respondent On Review, v. David G. VICKERY and Joan E. Vickery, Husband and Wife; Lucille E. Vickery; and State of Oregon Department of Human Resources, Defendants, City of Portland, Oregon, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Argued and Submitted June 5, 1984.


Attorney(s) appearing for the Case

Nancy E. Ayres, Portland, argued the cause and filed the briefs for petitioner on review.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause and filed the brief for respondent on review. With him on the brief was Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.


CAMPBELL, Justice.

We allowed review in this case to determine the priority between a City of Portland (City) nuisance abatement assessment lien, under a city charter which states that municipal assessment liens shall have priority over all other liens and encumbrances, and a prior recorded mortgage in favor of the Department of Veterans' Affairs (DVA). We hold that the City's lien has priority and reverse the Court of Appeals.

In May of 1979, defendants David...

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