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DEMARTINO v. MARION COUNTY

Nos. 05C16931; A132655.

184 P.3d 1176 (2008)

220 Or. App. 44

David DEMARTINO, Plaintiff-Appellant, v. MARION COUNTY, a political subdivision and body politic of the State of Oregon; State Lottery Commission, an agency of the State of Oregon; Ann L. Sherman; Heather R. Tourville; and Ater Wynne, LLP, an Oregon limited liability partnership, Defendants-Respondents, and Ben C. Fetherston; Clark Fetherston Edmonds Lippo; Kieu-Oarh Nguyen; Patrick Clancy; and Western Financial Group, Defendants.

Court of Appeals of Oregon.

May 14, 2008.

Attorney(s) appearing for the Case

James D. Vick, Salem, argued the cause for appellant. With him on the briefs was Vick & Conroyd, LLP.

Jane Ellen Stonecipher, Marion County Legal Counsel, argued the cause and filed the brief for respondent Marion County.

Denise G. Fjordbeck, Senior Assistant Attorney General, argued the cause for respondent State Lottery Commission. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Brian R. Talcott, Portland, argued the cause for respondents Ann L. Sherman, Heather R. Tourville, and Ater Wynne, LLP. With him on the brief was Dunn Carney Allen Higgins & Tongue LLP.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

LANDAU, P.J.

Plaintiff, a Marion County taxpayer, filed a complaint against Marion County, the Oregon Lottery Commission, the law firm Ater Wynne, LLP, and two of its lawyers, who provided legal services to the county. The gravamen of the complaint is that defendants participated in an unlawful scheme to guarantee a $5 million debt of the Oregon Garden. The trial court dismissed the claims against the county and the Lottery...

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