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MORGAN v. GOODSELL

01CV0580AB; A132723.

185 P.3d 1117 (2008)

220 Or. App. 329

Michael L. MORGAN and Janet L. Morgan, husband and wife, and Cyndie Harp, individually, Plaintiffs-Appellants, and Eagle-Air Estates Homeowners Association, Inc., an Oregon non-profit corporation, acting by and through Michael L. Morgan, Janet L. Morgan, and Cyndie Harp, Plaintiffs, v. Vernon GOODSELL and Sandra Goodsell, husband and wife, Defendants, and Eagle-Air Estates Homeowners Association, Inc., an Oregon non-profit corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 11, 2008.

Attorney(s) appearing for the Case

David A. Hilgemann, Salem, and Law Offices of David Hilgemann filed the briefs for appellants.

Gerald A. Martin, Bend, and Francis Hansen & Martin, LLP filed the brief for respondent.

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

EDMONDS, P.J.

This case is before this court for a second time. Plaintiffs hold ownership interests in a planned community airpark subdivision and are members of a homeowners association that governs the subdivision. They brought this action against the Goodsells, the subdivision developers, and against Eagle-Air Estates Homeowners Association (the association) based on claims of breach of fiduciary duties allegedly owed to them. The trial court found in favor of...

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