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CITY OF SALEM v. FURLOTT

95C-11685; CA A94788.

942 P.2d 872 (1997)

149 Or. App. 336

CITY OF SALEM, a municipal corporation, Appellant, v. Vincent Grover FURLOTT and Marie Alma Furlott, trustees, Respondents.

Court of Appeals of Oregon.

Decided July 23, 1997.

Attorney(s) appearing for the Case

Stephanie Smythe, Salem, argued the cause and filed the briefs for appellant.

Robert J. Thorbeck, Salem, argued the cause and filed the brief for respondents.

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

EDMONDS, Judge.

The City of Salem brought an action seeking a mandatory injunction against defendants to require them to remove a portion of a building encroaching on Sunnyside Road. Defendants asserted two affirmative defenses: estoppel by abandonment and equitable estoppel. After a trial on the merits, the trial court found in favor of defendants. We review de novo,1 ORS 19.125(3), and reverse.

The facts of this case are...

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