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HUGIE v. CITY OF SHADY COVE

85-264-J-2; CA A39490.

736 P.2d 567 (1987)

85 Or.App. 229

Eldon R. HUGIE, Appellant, v. CITY OF SHADY COVE, a Municipal Corporation, Respondent.

Court of Appeals of Oregon.

Decided May 6, 1987.

Reconsideration Denied June 26, 1987.

Attorney(s) appearing for the Case

Thomas C. Howser, Ashland, argued the cause for appellant. On the brief were John W. Eads, Jr., and Cottle, Howser & Munsell, P.C., Ashland.

Mildred J. Carmack, Portland, argued the cause for respondent. With her on the brief were Donald Joe Willis and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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

RICHARDSON, Presiding Judge.

In February, 1980, plaintiff and defendant city entered into an agreement by which plaintiff gave defendant an option to acquire a perpetual right-of-way for sewer lines across his property. The consideration defendant was to give him if it exercised the option was $1.00 plus a specified number of sewer connections to existing structures on plaintiff's property and to locations to be chosen by him in the future. The option clause of the...

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