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WESTWOOD HOMEOWNERS v. LANE COUNTY

16-90-10439; CA A71452.

847 P.2d 862 (1993)

118 Or. App. 310

WESTWOOD HOMEOWNERS ASSOCIATION, INC., Respondent, v. LANE COUNTY, Appellant.

Court of Appeals of Oregon.

Decided February 24, 1993.

Attorney(s) appearing for the Case

David B. Williams, Asst. County Counsel, Eugene, argued the cause and filed the briefs for appellant.

Frederick A. Batson, Eugene, argued the cause for respondent. With him on the brief was Gleaves, Swearingen, Larsen & Potter, Eugene.

J. David Bennett, Margot Poznanski and Copeland, Landye, Bennett and Wolf, Eugene, filed a brief amicus curiae for Oregon Land Title Ass'n.

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

RIGGS, Judge.

Defendant Lane County appeals a summary judgment for plaintiff. Plaintiff Westwood Homeowners' Association (Westwood) sought foreclosure of a lien for assessments against certain lots within a planned unit development (PUD) that it manages. Lane County was the record title holder of those lots after foreclosure for nonpayment of real property taxes. Lane County counterclaimed to quiet title or to foreclose Westwood's lien if it had not been extinguished...

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