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TRI-COUNTY CENTER TRUST v. MARTIN

C000763CV, A125278.

201 P.3d 293 (2009)

225 Or. App. 417

TRI-COUNTY CENTER TRUST, successor in interest to Gordon R. Martin, Sr., Plaintiff-Respondent, v. Stephen B. MARTIN, personal representative of the Estate of Gordon S. Martin, Jr., Deceased, and Tigard Triangle Development, LLC, Defendants-Appellants.

Court of Appeals of Oregon.

Decided January 28, 2009.

Attorney(s) appearing for the Case

Robert J. Custis argued the cause and filed the briefs for appellants.

Gregory J. Miner, Portland, argued the cause for respondent. With him on the briefs were Travis W. Hall and Bateman Seidel Miner Blomgren Chellis & Gram, P.C.

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

ARMSTRONG, J.

Defendants appeal from a judgment directing the partition by division of real property that the original parties held as tenants in common.1 The issue presented on appeal is whether real property that was owned by one of the original cotenants and his wife and that adjoined the partitioned property could be considered in assessing the potential use and value of the partitioned property in order to divide the property between...

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