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STATE EX REL. KILIAN v. CITY OF WEST LINN

87-11-31, 87-11-125; CA A65246.

829 P.2d 1029 (1992)

112 Or. App. 549

STATE of Oregon ex rel. Richard KILIAN and Sharon Kilian, Plaintiffs, v. CITY OF WEST LINN, a municipal corporation, and Freedom Federal Savings & Loan Association, Defendants. Howard E. BALES, Shirley Ann Bales, Richard Kilian and Sharon Kilian, Appellants-Cross Respondents, and Mary Borud, Cross-Respondent, v. WILLIAM SNELL CONSTRUCTION COMPANY, an Oregon corporation, James B. Kosta and City of West Linn, a municipal corporation, Respondents, and Freedom Federal Savings & Loan Association, Respondent-Cross-Appellant, and James W. Kosta, Richard H. Jeans, Jeff Sorg, Stanley A. Bergstrom, Jr., and Lila G. Bergstrom, Defendants.

Court of Appeals of Oregon.

Decided April 22, 1992.

Reconsideration Denied June 17, 1992.

Attorney(s) appearing for the Case

A. Gregory McKenzie, Oregon City, argued the cause, for appellants-cross-respondents. With him on the briefs was Hibbard, Caldwell, Bowerman & Schultz, Oregon City.

No appearance by cross-respondent Mary Borud.

No appearance by respondent William Snell Const. Co.

Carlton D. Warren, Portland, argued the cause, for respondent James B. Kosta. With him on the brief were Jeffrey S. Bennett and Warren, Allen & Brookshire, Portland.

Lisa E. Lear, Portland, argued the cause, for respondent City of West Linn. With her on the brief were I. Franklin Hunsaker, James G. Driscoll and Bullivant, Houser, Bailey, Pendegrass & Hoffman, Portland.

William R. Turnbow, Eugene, argued the cause, for respondent-cross-appellant Freedom Federal Sav. & Loan Ass'n. With him on the brief was Hershner, Hunter, Moulton, Andrews & Neill, Eugene.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Appellants appeal from a judgment in favor of William Snell Construction Company (Snell) and Freedom Federal Savings and Loan Association (Freedom Federal) on their claims of adverse possession, reformation and ejectment and in favor of the City of West Linn (City) on their section 1983 claim. Freedom Federal cross-appeals from the portion of the judgment in appellants' favor that required it and Snell to...

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