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SKYPORT PROPERTIES v. MULTNOMAH COUNTY

Nos. A8902-00962; CA A65993.

844 P.2d 909 (1992)

117 Or. App. 427

SKYPORT PROPERTIES OF OREGON, LTD., Appellant-Cross-Respondent, v. MULTNOMAH COUNTY DRAINAGE DISTRICT NO. 1, a municipal corporation, Respondent-Cross-Appellant. MULTNOMAH COUNTY DRAINAGE DISTRICT NO. 1, a municipal corporation, Third Party Plaintiff-Respondent-Cross-Appellant, v. Robert A. GRAY, Hawkin Au, John R. Bentley, Third Party Defendants-Appellants-Cross-Respondents, and The Oregon Bank (nka Security Pacific Bank of Oregon), United States National Bank of Oregon and National Video, Inc., (nka Rentrak Corporation), Third Party Defendants-Cross-Respondents.

Court of Appeals of Oregon.

Decided December 30, 1992.

Review Denied March 23, 1993.

Attorney(s) appearing for the Case

Harlan Jones, Portland, argued the cause for Skyport Properties of Oregon, Ltd., Robert A. Gray, Hawkin Au, John R. Bentley, The Oregon Bank, U.S. Nat. Bank of Oregon and Nat. Video, Inc. On the briefs were E. Andrew Jordan and Bolliger, Hampton & Tarlow, Portland.

Carlton W. Hodges, Portland, argued the cause for Multnomah County Drainage Dist. No. 1. With him on the briefs was David Gernant, Portland.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Skyport Properties of Oregon, Ltd. (plaintiff), and its general partners, Gray, Au and Bentley, appeal from a judgment foreclosing a statutory lien on the partnership property for $100,185.71. Defendant cross-appeals, assigning error to the court's dismissal of its counterclaim for breach of an implied-in-fact contract. We reverse on appeal and affirm on cross-appeal.

Plaintiff is a limited partnership that owns real property abutting...

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