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WINTERS v. COUNTY OF CLATSOP

03-2129; A124361.

150 P.3d 1104 (2007)

210 Or. App. 417

Zandra WINTERS, Respondent, v. The COUNTY OF CLATSOP, duly organized under the laws of the State of Oregon, Defendant, and The City of Seaside, duly incorporated and organized under the laws of the State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided January 3, 2007.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellant. With him on the briefs were Mathew D. Larson and Markowitz, Herbold, Glade & Mehlhaf, P.C., and Dan Van Thiel.

John C. Mercer, Portland, argued the cause for respondent. With him on the brief was Wood Tatum Sanders and Murphy.

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

LINDER, J., pro tempore.

The issue in this case is whether plaintiff is entitled to restitution of the amount paid for property bought from the City of Seaside. The property was conveyed to plaintiff's predecessor in interest through a bargain and sale deed, and, thus, through a deed containing no warranties of title. About 16 years later, plaintiff discovered that the city's attempted sale of the property had triggered an automatic reversion of the title to Clatsop...

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