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RUDDER v. HOSACK

A171925.

506 P.3d 1156 (2022)

317 Or. App. 473

Richard E. RUDDER and Wendy L. Rudder, Plaintiffs-Respondents, v. William D. HOSACK and Kathleen A. Hosack, Defendants-Appellants.

Court of Appeals of Oregon.

February 9, 2022.

Attorney(s) appearing for the Case

Katie Jo Johnson , Portland, argued the cause for appellants. Also on the briefs were J. Kurt Kraemer and McEwen Gisvold LLP.

Carson Bowler , Portland, argued the cause for respondents. Also on the brief were Jessica A. Schuh , Alex Bish , and Schwabe, Williamson & Wyatt, P.C..

Before James, Presiding Judge, and Lagesen, Chief Judge, and Kamins, Judge.

This case concerns liability for a leaking oil tank on residential property. Plaintiffs, who bought the property from defendants, sued to obtain a judicial declaration holding defendants strictly liable for remedial action costs under ORS 465.255. That statute provides, in relevant part:

"(1) The following persons shall be...

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