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L.A. DEVELOPMENT v. CITY OF SHERWOOD

(C960475CV; CA A100395)

977 P.2d 392 (1999)

159 Or. App. 125

L.A. DEVELOPMENT, a general partnership consisting of Louis J. Fasano and Arthur and Associates Real Estate, Inc., Appellant, v. CITY OF SHERWOOD, a municipal corporation, Jane Aamold, Bill Boyle, Barry Kennedy, Mark Cottle and Mayor Walt Hitchcock, Respondents.

Court of Appeals of Oregon.

Decided March 17, 1999.

Attorney(s) appearing for the Case

William C. Cox, Portland, argued the cause for appellant. With him on the briefs was Gary P. Shepherd.

Timothy J. Sercombe, Portland, argued the cause for respondents. With him on the brief was Preston Gates & Ellis LLP.

Before EDMONDS, Presiding Judge, and ARMSTRONG, Judge, and WARREN, Senior Judge.

EDMONDS, Judge.

Plaintiff appeals from the dismissal of its complaint for damages resulting from the trial court's grant of defendants' summary judgment motion. ORCP 47. We affirm because plaintiff is estopped from claiming damages as a matter of law.

Plaintiff developed two land projects in the City of Sherwood. The initial subdivision received approval from the planning commission in two phases: Kathy Park I in November 1991 and Kathy Park II in November...

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