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FARNWORTH v. ROSSETTO

A158913.

396 P.3d 272 (2017)

285 Or. App. 10

Brendan FARNWORTH and Jane Farnworth, individuals, Plaintiffs-Appellants, v. Keith F. ROSSETTO, dba Keith Rossetto Construction, Defendant, and City of Medford, an Oregon municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

April 26, 2017.

Attorney(s) appearing for the Case

Michael W. Franell , Medford, argued the cause and filed the briefs for appellants.

Eric B. Mitton argued the cause for respondent. With him on the brief was Hornecker Cowling LLP.

Before Sercombe, Presiding Judge, and Hadlock, Chief Judge, and Tookey, Judge.

Plaintiff homeowners brought this common-law negligence action against the City of Medford under the Oregon Tort Claims Act (OTCA), ORS 30.260 to 30.300,1 contending that the city was negligent in issuing a certificate of occupancy for their home despite an obvious violation of a building code requirement...

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