HUNT v. CITY OF EUGENE

120614854; A134660 (control); 160120047; A139749; 169404823; A141288; A142266; 160607152; A144320.

278 P.3d 70 (2012)

249 Or. App. 410

Dennis HUNT and Nick Shevchynski as Co-Trustees of the Clarabell Trust, Plaintiffs-Appellants, v. CITY OF EUGENE, a municipal corporation, Defendant-Respondent. City of Eugene, a municipal corporation, Plaintiff-Respondent, v. Philip M. Newman, Trustee under the Michelle Halverson Trust dated June 21, 1989; and Sharlee C. Wood, Trustee under the Clairabell Trust, Defendants, and Nick Shevchynski, in his capacity as Trustee of the Clairabell Trust, dated July 7, 1989, Defendant-Appellant. Nick Shevchynski and P.M. Newman, Trustee, Plaintiffs-Appellants Cross-Respondents, v. City of Eugene, a municipal corporation, Defendant-Respondent Cross-Appellant, and James W. Spickerman; James W. Spickerman, P.C.; and Hammonds Mills & Spickerman, in their capacities as hearings officer for the City of Eugene, Defendants. City of Eugene, a municipal corporation, Plaintiff-Respondent, v. Philip M. Newman, Trustee under the Michelle Halverson Trust dated June 21, 1989; and Sharlee C. Wood, Trustee under the Clairabell Trust, Defendants, and Nick Shevchynski, in his capacity as Trustee of the Clairabell Trust, dated July 7, 1989, Defendant-Appellant. Nick Shevchynski, individually; and Nick Shevchynski and Dennis Hunt, co-trustees of the Clarabell Trust, Plaintiffs-Appellants, and Clara Shevchinski and Clarabell Trust, Plaintiffs, v. Warren Wong, Carole Marten, Deeann Hardt, Sarita Black, and Dennis Taylor, Defendants, and City of Eugene, Defendant-Respondent.

Court of Appeals of Oregon.

Decided April 25, 2012.


Attorney(s) appearing for the Case

Judith Giers argued the cause for appellants-cross-respondents. With her on the briefs was Giers Olsson PC.

Jona Maukonen argued the cause for respondent-cross-appellant. With her on the briefs were James E. Mountain , Jeffrey J. Matthews , and Harrang Long Gary Rudnick P.C.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


SCHUMAN, P.J.

This 18-year plague on the judicial system is before us yet again, this time with six judgments in four different actions, 13 assignments of error on appeal, four assignments on cross-appeal, and 200 pages of appellate briefing—all because of "unsightly" yard debris. For the reasons that follow, we affirm in part and reverse in part.

I. PROCEDURAL HISTORY

The relevant procedural history of this metastasis begins in the fall of...

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