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LOOSLI v. CITY OF SALEM

04C17616; A130044.

170 P.3d 1084 (2007)

215 Or. App. 502

Byron LOOSLI and Melinda Loosli, husband and wife; Ben Lemire and Cynthia Lemire, husband and wife; and Divine Guidance, LLC, dba Just A Good Car Lot, Plaintiffs-Appellants, v. CITY OF SALEM, a municipal corporation, Defendant-Respondent, and Avis B. Woodrum and Louise Woodrum, husband and wife, Defendants.

Court of Appeals of Oregon, En Banc.

Resubmitted August 8, 2007.

Decided October 24, 2007.

Attorney(s) appearing for the Case

Gary M. Bullock, Portland, argued the cause for appellants. With him on the briefs were Meredith Boyden and Gary M. Bullock & Associates, P.C.

Aaron D. Felton, Assistant City Attorney, argued the cause and filed the brief for respondent.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.

Resubmitted En Banc August 8, 2007.

EDMONDS, J.

Plaintiffs appeal after the trial court granted summary judgment to defendant City of Salem on plaintiffs' negligence claim. We affirm.

We state the facts in the light most favorable to plaintiffs, the nonmoving parties. ORCP 47 C. Plaintiffs desired to open a vehicle dealership in Salem and found an available lot on Commercial Street that they believed to be an advantageous location. On two occasions...

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