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7455 INC. v. TUALA NORTHWEST, LLC

C128167CV; A154857.

362 P.3d 1179 (2015)

274 Or. App. 833

7455 INCORPORATED, Plaintiff-Appellant, v. TUALA NORTHWEST, LLC, an Oregon limited liability company; CenterCal Properties, LLC, a Delaware limited liability company; Nyberg CenterCal II, LLC, a Delaware limited liability company; and D.R.M. 7455 Nyberg Road, LLC, Defendants-Respondents.

Court of Appeals of Oregon.

Decided November 12, 2015.

On Respondents' motion to dismiss filed December 9, 2014.

Appellant's Response filed December 23, 2014.

Attorney(s) appearing for the Case

Terrance J. Slominski argued the cause for appellant. With him on the briefs was David Venables.

Amy Edwards argued the cause for respondents Tuala Northwest, LLC, CenterCal Properties, LLC, and Nyberg CenterCal II, LLC.

No appearance for respondent D.R.M. 7455 Nyberg Road, LLC.

Before HADLOCK, Presiding Judge, and HASELTON, Chief Judge, and TOOKEY, Judge.

Defendant D.R.M. 7455 Nyberg Road, LLC (DRM) owned commercial property (the DRM property) in Tualatin. Plaintiff 7455 Incorporated leased the DRM property to operate a business under the name of "Jiggles." Defendant Tuala Northwest, LLC, owned commercial property, on which a K-Mart store was located (the Tuala property), adjacent to the...

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