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CLACK CTY. SERV. DIST. NO. 1 v. AM. GUAR. LIFE

81-1-97; CA A32167.

711 P.2d 980 (1985)

77 Or.App. 98

CLACKAMAS COUNTY SERVICE DISTRICT NO. 1, As Successor by Merger to Hoodland Service District, by and through Its Governing Body, the Board of County Commissioners of Clackamas County, Oregon, Respondent, v. AMERICAN GUARANTY LIFE INSURANCE COMPANY, an Oregon Corporation, Respondent, v. William B. Parker and Dorothy Parker, Appellants.

Court of Appeals of Oregon.

Decided December 26, 1985.

Attorney(s) appearing for the Case

Michael J. Martinis, Salem, argued the cause and filed brief for appellants.

Nancy S. Tauman, Oregon City, argued the cause for respondent Clackamas County Service Dist. No. 1. With her on brief were Clark I. Balfour, and Hibbard, Caldwell, Bowerman, Schultz & Hergert, Oregon City.

Robert J. Miller, Sr., Beaverton, waived appearance for respondent American Guar. Life Ins. Co.

Before RICHARDSON, P.J., JOSEPH, C.J., and WARDEN, J.

WARDEN, Judge.

Plaintiff, a public body, brought this condemnation action in 1981 to acquire a 6.2-acre parcel owned by defendant American Guaranty [Guaranty]. Plaintiff intends to install and operate a sewage treatment plant and related facilities on the parcel. Defendants Parker deeded the parcel to Guaranty in February, 1977, after Guaranty had exercised its right to purchase under an option agreement which the parties had executed the previous September. Both...

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