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WIEDERHORN v. MULTNOMAH ATHLETIC CLUB

051212556; A132657.

170 P.3d 1 (2007)

215 Or. App. 392

Andrew WIEDERHORN, Plaintiff-Appellant, v. MULTNOMAH ATHLETIC CLUB, an Oregon mutual benefit corporation, Defendant-Respondent, and John Does 1-10 and Jane Roes 1-10, Defendants.

Court of Appeals of Oregon.

Decided October 10, 2007.

Attorney(s) appearing for the Case

John S. Gordon argued the cause for appellant. With him on the briefs were Margaret Fiorino and Quinn Emanuel Urquhart Oliver & Hedges, LLP.

John T. Kaempf, Portland, argued the cause for respondent. With him on the brief were Stephen F. English and Bullivant Houser Bailey P.C.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SERCOMBE, Judges.

WOLLHEIM, J.

Plaintiff appeals a judgment dismissing his complaint, with prejudice, for failure to commence his action within the statute of limitations. ORCP 21 A(9). The trial court concluded that plaintiff did not file his complaint within the one-year statute of limitations prescribed in ORS 65.167(4) for "[a]ny proceeding challenging an expulsion" from a public benefit or mutual benefit corporation, such as defendant Multnomah Athletic Club (MAC).

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