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WESTWOOD HOMEOWNERS ASSOCIATION, INC. v. LANE COUNTY

CC 16-90-10439; CA A71452; SC S40106.

866 P.2d 463 (1993)

318 Or. 327

WESTWOOD HOMEOWNERS ASSOCIATION, INC., Respondent on Review/Respondent on Reconsideration, v. LANE COUNTY, Petitioner on Review/Petitioner on Reconsideration.

Supreme Court of Oregon.

Reconsideration Denied February 22, 1994.

On petition for reconsideration filed January 6, 1994.

Attorney(s) appearing for the Case

David B. Williams, Asst. County Counsel, Lane County Office of Legal Counsel, Eugene, for petitioner on reconsideration.

No appearance contra.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.

UNIS, Justice.

Lane County petitions for reconsideration of this court's decision in Westwood Homeowner's Assn., Inc. v. Lane County, 318 Or. 146, 864 P.2d 350 (1993). We allow the petition for reconsideration and adhere to our former opinion as modified.

In the statement of facts, our former opinion states:

"In 1990, the Association filed an action in Lane County Circuit Court...

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