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BOROUGH v. CALDWELL

A172579.

497 P.3d 766 (2021)

314 Or. App. 62

Cara Lee BOROUGH and Loren M. Caldwell, Petitioners-Appellants, v. Betty H. CALDWELL, AS TRUSTEE OF the LOREN M. CALDWELL TRUST; Betty Caldwell, an individual; Cody Duerst, an individual; Sophia Duerst, an individual; and Caliber Home Loans, Inc., a Delaware corporation, Respondents-Respondents.

Court of Appeals of Oregon.

August 18, 2021.

Attorney(s) appearing for the Case

Matthew J. Kalmanson , Portland, argued the cause for appellants. Also on the briefs was Hart Wagner LLP.

J. Kevin Shuba , Salem, argued the cause for respondent Betty H. Caldwell, as Trustee, and respondent Betty Caldwell, individually. Also on the brief was Garrett Hemann Robertson P.C.

Elena Martinis Farley , Salem, argued the cause for respondents Cody Duerst and Sophia Duerst. Respondents Cody Duerst and Sophia Duerst joined the brief of the Caldwell respondents.

No appearance for respondent Caliber Home Loans, Inc.

Before Armstrong, Presiding Judge, and Aoyagi, Judge, and Sercombe, Senior Judge.

This case involves the same parties as Borough v. Caldwell, 314 Or.App. 48, ___ P.3d ___ (2021) (Borough I), also decided today. Both cases arise from a trust created in 2008, the settlor's execution of an option agreement in 2015 to give Cody and Sophia Duerst (Duersts) an option to purchase the main trust asset on specified...

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