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SELLS v. NICKERSON

A8103-01848; CA A33469.

711 P.2d 171 (1985)

76 Or.App. 686

Robert R. SELLS and Clarana Sells, Appellants, v. William A. NICKERSON, Multnomah County, a Subdivision of the State of Oregon, Respondents, City of Portland, a Municipal Corporation, George Brice, III, Ben Wilson, Personal Representative of the Estate of Herbert J. Shapiro, Deceased; Richard Kelly, Margaret B. Maradudin, Gilbert T. Benson, and William W. Wyse, Trustees for Dorothy L. Benson, Defendants.

Court of Appeals of Oregon.

Decided December 4, 1985.

Attorney(s) appearing for the Case

James K. Gardner, Hillsboro, argued the cause and filed the briefs for appellants.

I. Franklin Hunsaker, Portland, argued the cause for respondent William A. Nickerson. With him on the brief were Ronald E. Bailey, James G. Driscoll and Bullivant, Houser, Bailey, Pendergrass, Hoffman, O'Connell & Goyak, Portland.

Jane Ellen Stonecipher, Asst. County Counsel, Portland, argued the cause for respondent Multnomah County. With her on the brief was John B. Leahy, County Counsel, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

Plaintiffs appeal a judgment on a directed verdict for defendant Multnomah County and on a jury verdict for defendant Nickerson.1 We affirm.

Nickerson applied to the county in 1977 for approval to develop a 10-acre hillside subdivision on a tract above and to the north of plaintiff's adjoining tract. The natural drainage of surface water from both tracts is into a ravine on the east sides of the tracts. In September...

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