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WEST LINN-WILSONVILLE SCH. DIST. v. SEIDA

CC 95-10408; CA A95504; SC S44283.

968 P.2d 1268 (1998)

328 Or. 10

WEST LINN-WILSONVILLE SCHOOL DISTRICT 3 J T, Petitioner on Review, v. Kent SEIDA, Joyce Burnett, fka Joyce Seida and David Seida, Defendants, and Curtis M. Hunter, Respondent on Review.

Supreme Court of Oregon.

Decided November 27, 1998.

Attorney(s) appearing for the Case

John Dudrey, of Williams, Fredrickson & Stark, P.C., Portland, argued the cause on behalf of petitioner on review. With him on the brief was Donald R. Stark.

Jeffrey S. Seymour, Lake Oswego, argued the cause and filed the briefs on behalf of respondent on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, DURHAM, and KULONGOSKI, JJ.

KULONGOSKI, J.

In October 1995, plaintiff West Linn-Wilsonville School District 3 J T commenced an eminent domain proceeding, naming as defendants Kent and David Seida and Joyce Burnett. Defendants jointly owned a parcel of land on which plaintiff planned to build a new middle school. One year later, before trial, Hunter moved to intervene pursuant to ORCP 33 C.1 He alleged that he had a contract with defendants for the purchase of boulders...

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