QUAIL HOLLOW WEST v. BROWNSTONE HOLLOW

C034386CV; A125874.

136 P.3d 1139 (2006)

206 Or. App. 321

QUAIL HOLLOW WEST OWNERS ASSOCIATION, an Oregon non-profit corporation, Appellant, v. BROWNSTONE QUAIL HOLLOW, LLC, an Oregon limited liability company; Brownstone Quail Hollow, an Oregon assumed business name; Brownstone Homes, LLC, an Oregon limited liability company; Brownstone Homes, an Oregon assumed business name; Randall C. Myers and Ralph W. Fullerton, III, Respondents. Brownstone Quail Hollow, LLC, an Oregon limited liability company; Brownstone Quail Hollow, an Oregon assumed business name; Brownstone Homes, LLC, an Oregon limited liability company and Brownstone Homes, an Oregon assumed business name, Third-Party Plaintiffs, v. TRC Excavating, Inc., an Oregon corporation; Terra-Sol Landscaping, Ltd, an Oregon limited liability partnership; LDN Construction, Inc., an Oregon corporation; A & T Siding, Inc., an Oregon corporation; Josh Rauch, an individual, dba JTR Construction; Dougherty Construction, Inc., an Oregon corporation; Mark Larsen, dba Mark Larsen Finish Carpentry; Kerry Becker Concrete Company, an Oregon corporation; Bruce Morin Custom Gutters, LLC, an Oregon limited liability company; Four Seasons Heating & A/C Service, Inc., an Oregon corporation; R. Klindtworth Roofing, Inc., an Oregon corporation; Dowers Waterproofing, Inc., an Oregon corporation; Portland Paint Pros., Inc., an Oregon corporation; Tahoma Painting, Inc., an Oregon corporation and Simon Cam, an individual, dba Simon Cam Painting, Third-Party Defendants.

Court of Appeals of Oregon.

Decided June 14, 2006.


Attorney(s) appearing for the Case

A. Richard Vial, Portland, argued the cause for appellant. On the briefs were Christopher M. Tingey and Vial Fotheringham LLP.

Bruce R. Gilbert, Portland, argued the cause for respondents. With him on the brief were Jennifer A. Krumm and Smith Freed & Eberhard, PC.

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


LANDAU, P.J.

Plaintiff Quail Hollow West Owners Association (the association) is an association of townhouse owners. It initiated this action against defendants Brownstone Quail Hollow, LLC, Brownstone Quail Hollow, Brownstone Homes, LLC, Brownstone Homes, Randall C. Myers, and Ralph W. Fullerton (collectively referred to as the developers), the developers and builders of the townhouses. Plaintiff alleges that the homes were defectively constructed and asks for an...

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