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SUMMER OAKS LTD. PARTNERSHIP v. McGINLEY

16-98-20928; A108927

55 P.3d 1100 (2002)

183 Or.App. 645

SUMMER OAKS LIMITED PARTNERSHIP and Willamette University, Appellants, v. Michael E. McGINLEY; Steven Morrison; Patrick Whitmore; Eastern Western Corporation, dba Cheyenne Properties; Michael Morrison, dba Morrison Construction; Morrison Building Corp.; and Steven Morrison and Patrick Whitmore, dba Ironwood Investments, an Oregon general partnership, Respondents.

Court of Appeals of Oregon.

Decided September 25, 2002.

Attorney(s) appearing for the Case

G. David Jewett, Springfield, argued the cause for appellants. With him on the briefs was Thorp, Purdy, Jewett, Urness & Wilkinson, P.C.

Thomas W. Brown, Portland, argued the cause for respondents. With him on the brief were Wendy M. Margolis, Robert E. Sabido, and Cosgrave, Vergeer & Kester LLP.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

WOLLHEIM, J.

In this case involving a claim of unjust enrichment stemming from a sale of real property, plaintiffs appeal from a grant of summary judgment in favor of defendants.1 Plaintiffs argue that the trial court erred in concluding that "system development charge" (SDC) credits awarded to them by the City of Eugene "ran with the land," so that, when plaintiffs sold land to defendants, defendants...

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