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BROWNSTONE HOMES v. BROWNSTONE FOREST

CC 0606-06804, CA A145740, SC S061273.

361 P.3d 1 (2015)

358 Or. 26

BROWNSTONE HOMES CONDOMINIUM ASSOCIATION, an Oregon non-profit corporation, Petitioner on Review, v. BROWNSTONE FOREST HEIGHTS, LLC, an Oregon limited liability company, et al., Defendants, and Capitol Specialty Insurance, Co., Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided October 8, 2015.

Petition for Attorney Fees and Considered & Under Advisement September 23, 2014.

Attorney(s) appearing for the Case

Wendy M. Margolis , Cosgrave, Vergeer, Kester, LLP, Portland, argued the cause and filed the briefs for petitioner on review. With her on the briefs was Thomas W. Brown .

Brian C. Hickman , Gordon & Polscer, LLC, Portland, argued the cause and filed the briefs for respondent on review. With him on the briefs was Gregory A. Baird .

Travis Eiva , The Corson & Johnson Law Firm, Eugene, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Defendant Capitol Specialty Insurance Co. has moved to dismiss this appeal on the ground that it has become moot. According to Capitol, the issues to be decided in the appeal pertain to the terms of an agreement settling an underlying construction defect case, but those very terms have been superseded by amendments to the agreement adopted...

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