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POVEY v. CITY OF MOSIER

0500283CC; A133868.

188 P.3d 321 (2008)

220 Or. App. 552

David POVEY, Lavonne Povey, and Owen Minnick, Plaintiffs-Appellants, v. CITY OF MOSIER, an Oregon municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 18, 2008.

Attorney(s) appearing for the Case

Jonathan M. Radmacher, Portland, argued for appellants. With him on the briefs was McEwen Gisvold LLP. With them on the reply brief was Erin M. Lillis.

Daniel Kearns, Portland, argued the cause for respondent. With him on the brief was Reeve Kearns, PC.

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

SCHUMAN, J.

The dispute in this case involves an agreement between the former owners of plaintiffs' property and the City of Mosier, under which the city granted the former owners approval to partition the property on the condition that, when they or their successors-in-interest developed the resulting parcels, they or the successors had to construct, and dedicate to the city, a road serving those parcels. Plaintiffs, planning to develop the parcels and seeking to...

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