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POWDER VALLEY WATER v. HART ESTATE INV.

92-702; CA A83068.

915 P.2d 1037 (1996)

140 Or. App. 515

POWDER VALLEY WATER CONTROL DISTRICT, a quasi-municipal corporation, Respondent, v. HART ESTATE INVESTMENT COMPANY, a California general partnership, Appellant, and John Hancock Mutual Life Insurance Company, Defendant.

Court of Appeals of Oregon.

Decided May 1, 1996.

Attorney(s) appearing for the Case

D. Rahn Hostetter, Enterprise, and Thomas W. Sondag, Portland, argued the cause for appellant. With them on the briefs were Jeffrey M. Batchelor, Thomas W. Sondag, Lane Powell Spears Lubersky, Portland, and Mautz Baum Hostetter & O'Hanlon, Enterprise.

Peter A. Ozanne, Portland, argued the cause for respondent. With him on the brief were J. David Coughlin, Coughlin, Leuenberger & Moon, Baker City, and Schwabe, Williamson & Wyatt, Portland.

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

EDMONDS, Judge.

Defendant Hart Estate Investment Company (Hart) appeals from a judgment condemning its property for the use of plaintiff, Powder Valley Water Control District (District). After the judgment was entered and while the appeal was pending, Hart filed a motion with the trial court for relief from the judgment under ORCP 71 B. The trial court entered an order denying Hart's motion, and Hart also appeals from that...

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