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EVERGREEN WEST BUSINESS CENTER v. EMMERT

(CC CV07020348; CA A146301; SC S061049 (Control)); (SC S061158).

323 P.3d 250 (2014)

354 Or. 790

EVERGREEN WEST BUSINESS CENTER, LLC, an Oregon limited liability company, Petitioner on Review, v. Terry W. EMMERT, Respondent on Review, and Premier West Bank, Impartial. Evergreen West Business Center, LLC, an Oregon limited liability company, Respondent on Review, v. Terry W. Emmert, Petitioner on Review, and Premier West Bank, Impartial.

Supreme Court of Oregon, En Banc.

Decided February 13, 2014.

Attorney(s) appearing for the Case

John M. Berman , Tigard, argued the cause for petitioner on review/respondent on review Evergreen West Business Center, LLC. With him on the briefs was J. Rion Bourgeois.

Hollis K. McMilan , Portland, argued the cause and filed the briefs for petitioner on review/respondent on review Terry W. Emmert.

Cody Hoesly , Larkins Vacura LLP, Portland, and Phil Goldsmith , Law Office of Phil Goldsmith, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

BREWER, J.

The decision of the Court of Appeals is reversed and the case is remanded to that court for consideration, in light of this decision, of the parties' remaining assignments of error.

For centuries, the choice between legal and equitable remedies in civil actions has been informed by the shibboleth that equitable relief ordinarily is not available when the claimant has an adequate legal remedy. See, e.g., Norton v. Elwert, 29 Or. 583, 587,...

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