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GOODSELL v. EAGLE-AIR ESTATES

10CV0207MA; A147007.

278 P.3d 133 (2012)

249 Or. App. 639

Vernon GOODSELL; Bruce Haphey; and 15840 Pilot Drive, LLC, Plaintiffs-Appellants Cross-Respondents, and John Schibel, Plaintiff, v. EAGLE-AIR ESTATES HOMEOWNERS ASSOCIATION, an Oregon nonprofit corporation, Defendant, and Michael Morgan; Charles Harp; and Ben Lindner, as members of the board of directors of Eagle-Air Estates Homeowners Association, Defendants-Respondents, Cross-Appellants.

Court of Appeals of Oregon.

Decided May 9, 2012.

Attorney(s) appearing for the Case

Margaret Fiorino argued the cause for appellants-cross-respondents. With her on the briefs was John R. O'Neill .

Michael W. Peterkin argued the cause for respondents-cross-appellants. With him on the briefs was Peterkin & Associates.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

HASELTON, C.J.

In the latest installment of long-running serial litigation,1 plaintiffs appeal from the dismissal of this action seeking judicial removal, pursuant to ORS 65.327(1), of the defendant individual directors of a homeowners association, and defendants cross-appeal from the trial court's denial of their request for attorney fees. In moving to dismiss under ORCP 21 A(8), defendants argued, and the trial court agreed, that plaintiffs...

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