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FRASIER v. NOLAN

01CV0041; A118186.

98 P.3d 392 (2004)

195 Or. App. 211

Dennis L. FRASIER, Appellant, v. Franklin S. NOLAN; Doris Marie Nolan; Daniel D. Nolan; Louella M. Nolan; and Twin Lake Ranch Property Owners Association, Respondents.

Court of Appeals of Oregon.

Decided September 15, 2004.

Attorney(s) appearing for the Case

Paul L. Speck, Bend, argued the cause for appellant. With him on the briefs was Forcum & Speck.

Michael E. Peterkin, Bend, argued the cause for respondents Franklin S. Nolan, Doris Marie Nolan, Daniel D. Nolan, and Louella M. Nolan. With him on the brief was Brian C. Hickman.

No appearance for respondent Twin Lake Ranch Property Owners Association.

Before LANDAU, Presiding Judge, and ARMSTRONG, Judge, and BARRON, Judge pro tempore.

LANDAU, P.J.

Plaintiff, an owner of property in a residential subdivision, initiated this action for a declaratory judgment that the developers of the subdivision hold certain property in constructive trust for an association of subdivision owners. Plaintiff also sought a judgment requiring the developers to transfer title of that property to the association. The trial court dismissed the action on statute of limitation grounds...

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