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FOSTER GROUP, INC. v. CITY OF ELGIN

090945953; A150344.

332 P.3d 354 (2014)

264 Or. App. 424

The FOSTER GROUP, INC., an Oregon corporation, Plaintiff-Appellant, v. CITY OF ELGIN, Oregon, an Oregon municipality, Defendant-Respondent, and Bagett, Griffith & Blackman, an assumed business name of Rimrock Land Surveying, LLC, Defendant.

Court of Appeals of Oregon.

Decided July 30, 2014.

Attorney(s) appearing for the Case

Todd Foster argued the cause and filed the briefs for appellant.

Matthew J. Kalmanson argued the cause for respondent. On the brief were Marjorie A. Speirs , Janet M. Schroer , and Hart Wagner LLP.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

SERCOMBE, J.

This appeal concerns the timeliness of several claims brought by plaintiff, the owner of a mobile home park, against the City of Elgin. Those claims stem from two alleged wrongful acts by the city. First, in support of claims for trespass, negligent interference with real property, ejectment, civil conspiracy to commit fraud, and inverse condemnation, plaintiff alleged that the city, in 2004, constructed a road that encroached on plaintiff's property...

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