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BENSON v. WEAVER

85-3795-J-2, 85-3796-J-1; CA A51104.

793 P.2d 348 (1990)

102 Or.App. 225

Claude A. BENSON and Delores A. Benson, Husband and Wife, Appellants, v. Alice T. WEAVER, Respondent. Claude A. Benson and Delores A. Benson, Husband and Wife, Appellants, v. R. Scott Weaver and Bonnie J. Weaver, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided June 20, 1990.

Opinion on Reconsideration Filed September 5, 1990.

Attorney(s) appearing for the Case

David V. Gilstrap, Ashland, argued the cause for appellants. With him on the brief was Ainsworth, Davis, Gilstrap, Harris & Balocca, P.C., Ashland.

Thomas C. Howser, Ashland, argued the cause for respondents. On the brief were Judith H. Uherbelau, and Howser & Munsell, Ashland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Plaintiffs purchased real property from defendants in November, 1979, at which time defendants represented that the property had been lawfully partitioned. In fact, the property had not been partitioned as required by Jackson County ordinances and, thus, no permits could have been issued for development of the property. Plaintiffs first learned of the unlawful partitioning in 1985 and brought this action seeking damages on alternate theories of fraud...

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