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TRIMET v. POSH VENTURES, LLC

071214786; A142359.

261 P.3d 33 (2011)

244 Or. App. 425

TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, an Oregon municipal corporation, Plaintiff-Appellant, v. POSH VENTURES, LLC, a Washington limited liability corporation, Defendant-Respondent, and Merrill Lynch Capital, a division of Merrill Lynch Business Financial Services, Inc., a Delaware corporation, Defendant. Posh Ventures, LLC, a Washington limited liability corporation, Third-Party Plaintiff-Respondent Cross-Appellant, v. City of Portland, Third-Party Defendant-Appellant Cross-Respondent.

Court of Appeals of Oregon.

Decided July 20, 2011.

Attorney(s) appearing for the Case

Gregory R. Mowe , Portland, argued the cause for appellant and appellant-cross-respondent. With him on the briefs were Stoel Rives LLP, James N. Westwood , Michelle Rudd , and Reilley D. Keating .

Bruce H. Cahn , Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Ball Janik LLP, Robert L. Taylor , and Jacob A. Zahniser .

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Senior Judge.

ROSENBLUM, S.J.

Plaintiff Tri-County Metropolitan Transportation District of Oregon (TriMet) and third-party defendant City of Portland1 appeal from a general judgment entered after a jury awarded $756,000 to defendant Posh Ventures, LLC (Posh) for the diminution of value to property owned by Posh. The action, and thus the jury's award, was based on ORS 105.855, which requires a city or mass transit district to compensate commercial property...

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