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STONECREST PROPERTIES v. CITY OF EUGENE

A156010.

382 P.3d 539 (2016)

280 Or. App. 550

STONECREST PROPERTIES, LLC, Plaintiff-Appellant, v. CITY OF EUGENE; Eugene Water & Electric Board; and The Real Estate Development Group, LLC, Defendants, and Developers Surety and Indemnity Company, Defendant-Respondent.

Court of Appeals of Oregon.

August 31, 2016.

Attorney(s) appearing for the Case

Charles R. Markley , Portland, argued the cause for appellant. With him on the briefs were Sanford R. Landress and Green & Markley, P.C.

Thomas M. Christ , Portland, argued the cause for respondent. With him on the brief were Julie A. Smith and Cosgrave Vergeer Kester, LLP, and Jonathan W. Monson and Cable Huston LLP.

Before Ortega, Presiding Judge, and Garrett, Judge, and Haselton, Senior Judge.

This is the second of two cases decided this date arising out of the unfinished Moon Mountain housing development in the City of Eugene. At issue is an agreement entered into by the original developer and the city to make certain improvements to the subdivision, along with a corresponding performance bond issued by defendant Developers...

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