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POWDER VALLEY WATER CONTROL v. HART ESTATE INV.

92-702; CA A83068.

932 P.2d 101 (1997)

146 Or. App. 327

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 February 12, 1997.

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, 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, Baker City, Schwabe, Williamson & Wyatt and Coughlin, Portland, Leuenberger & Moon, Baker City.

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).1 Hart assigns error to the denial of a motion to dismiss for lack of jurisdiction, ORCP 21 A(1), and the failure to find for Hart on its affirmative defenses that District's complaint failed to state ultimate facts sufficient to constitute a claim, ORCP...

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