SCHLESINGER v. CITY OF PORTLAND

0206-05898, A121555.

116 P.3d 239 (2005)

200 Or. App. 593

Fern Winkler SCHLESINGER, Appellant, v. CITY OF PORTLAND, acting by and through the Bureau of Parks and Recreation of the City of Portland, Respondent.

Court of Appeals of Oregon.

Decided July 13, 2005.


Attorney(s) appearing for the Case

Jonathan R. Gill argued the cause for appellant. With him on the briefs was Reeves, Kahn & Hennessy.

Harry Auerbach, Senior Deputy City Attorney, argued the cause and filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and EDMONDS, Judge, and DEITS, Judge pro tempore.


DEITS, J. pro tempore.

Plaintiff was injured on a path in a public park in the City of Portland. She filed a complaint naming the city as the sole defendant, alleging that the city was negligent in constructing and maintaining the path. The city moved to dismiss the complaint under ORCP 21 A(8), contending that it was immune under the Public Use of Lands Act, ORS 105.672 to 105.700, which provides that an owner of land is...

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