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CITY OF KEIZER v. LAKE LABISH WATER CONTROL DISTRICT

00C-11402; A113784.

60 P.3d 557 (2002)

185 Or.App. 425

CITY OF KEIZER, a municipal corporation, Appellant, v. LAKE LABISH WATER CONTROL DISTRICT, a municipal corporation, Respondent.

Court of Appeals of Oregon.

Decided December 26, 2002.

Attorney(s) appearing for the Case

Robert E. Franz, Jr., Springfield, argued the cause and filed the briefs for appellant.

Laura A. Schroeder, Portland, argued the cause for respondent. With her on the brief were Justin D. Gericke and Schroeder Law Offices, P.C.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

LANDAU, P.J.

Plaintiff, the City of Keizer (city), initiated this action for inverse condemnation against defendant, the Lake Labish Water Control District (district), alleging that the district flooded city property, causing damage. The district moved to dismiss on the ground that the law does not permit one governmental entity to bring a claim for inverse condemnation against another governmental entity. The trial court agreed and dismissed the inverse condemnation...

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