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PENDERGRASS v. FAGAN

Nos. CE06176; A132050.

180 P.3d 110 (2008)

218 Or. App. 533

Isaac PENDERGRASS and Kateshia Pendergrass, Plaintiffs-Respondents, v. Marianne FAGAN, Defendant-Appellant. Marianne Fagan, Counterclaim Plaintiff, v. Isaac Pendergrass and Kateshia Pendergrass, Counterclaim Defendants.

Court of Appeals of Oregon.

Decided March 19, 2008.

Attorney(s) appearing for the Case

Roy Smith, Albany, argued the cause and filed the brief for appellant.

Andrew J. Bean, Detroit, MI, argued the cause for respondents. With him on the brief was Weatherford, Thompson, Cowgill, Black & Schultz, P.C., Albany.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

At issue in this action for forcible entry and detainer (FED) is whether Oregon law recognizes a claim for "retaliatory eviction" when a landlord simply declines to renew a lease that has expired by its own terms. The trial court concluded that no such claim exists and granted judgment on the pleadings in favor of plaintiffs, the landlords. Defendant, the former tenant, contends that the trial court erred because she had alleged that the real reason for...

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