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THUNDERBIRD MOTEL, INC. v. CITY OF PORTLAND

Trial Court No. A77-09-13031; CA No. 11091.

596 P.2d 994 (1979)

40 Or.App. 697

THUNDERBIRD MOTEL, INC., an Oregon Corporation, and Tod E. McClaskey and Edward H. Pietz, Dba Red Lion Motor Inn at Portland Center, Appellants, v. The CITY OF PORTLAND, Oregon, a Municipal Corporation, Portland Development Commission, an Agency of the City of Portland, Oregon, Moran Construction Co., a Corporation, Marriott Corporation, a Corporation, Respondents, First National Bank of Oregon, a Corporation, and Equitable Life Assurance Society of the United States, a Corporation, Defendants.

Court of Appeals of Oregon.

Decided June 18, 1979.

Attorney(s) appearing for the Case

Mark McCulloch, Portland, argued the cause for appellants. With him on the briefs were Powers & McCulloch, and Stuart W. Hill, McClasey, Paauwe & Wilcox, Portland.

William B. Crow, and Donald R. Stark, Portland, argued the cause for respondents. With them on the brief were Miller, Anderson, Nash, Yerke & Wiener, Richard A. Cantlin, Jr., and Robert L. Hurtig, Portland.

Before THORNTON, P.J., and LEE and GILLETTE, JJ.

GILLETTE, Judge.

In July, 1977, the City of Portland, through the Portland Development Commission (Commission), and Moran Construction Co. (Moran) entered into a contract pursuant to which the City sold Moran a block in the South Auditorium Urban Renewal Project on which Moran is constructing a hotel. The contract provides that the City is to build tennis courts on a block adjacent to the hotel site; that the City will construct a skybridge between the hotel and a...

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