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BECK v. CITY OF PORTLAND

0209-09048; A120474.

122 P.3d 131 (2005)

202 Or. App. 360

Lawrence BECK; Barbara Hutchinson; Thomas S. Brennan; Gayle I. Tokumoto; Alice Sayre; Mark Gould; Rose-Marie Barbeau-Quinn; Abby Gail Layton; Kathleen Root; Craig Rowland; A.P. Di Benedetto; Deborah Wheeler; Brian Dettling; Joseph P. Sonderleiter; and Carol A. Sonderleiter, Appellants, v. CITY OF PORTLAND, Respondent.

Court of Appeals of Oregon.

Decided October 26, 2005.

Attorney(s) appearing for the Case

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

Tracy P. Reeve, Portland, argued the cause and filed the brief for respondent.

Bruce H. Cahn, Portland, argued the cause for amicus curiae Oregon Health & Science University. With him on the brief were Stephen T. Janik and Ball Janik LLP.

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

ARMSTRONG, J.

Plaintiffs appeal from a judgment dismissing their claim for declaratory relief. ORS 28.010; ORCP 21 A.1 Defendant filed a motion to dismiss plaintiffs' claim for lack of subject matter jurisdiction and for failure to state a claim. The trial court granted the motion. We affirm.

The case concerns defendant City of Portland's development plans for Marquam Hill and the North Macadam District of Portland. Plaintiffs...

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