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LINCOLN LOAN CO. v. CITY OF PORTLAND

CC A8810-05939; CA A65509; SC S38335.

855 P.2d 151 (1993)

317 Or. 192

LINCOLN LOAN CO., Petitioner on Review, v. CITY OF PORTLAND, Respondent on Review, and Bill R. LaBenske, Jr., and Patricia E. LaBenske, dba Guarantee Construction Co., Respondents (below).

Supreme Court of Oregon, In Banc.

Decided July 22, 1993.

Attorney(s) appearing for the Case

Steven E. Benson, Portland, argued the cause and filed the petition on behalf of petitioner on review.

Valencia R. Tolbert, Deputy City Atty., Portland, argued the cause and filed a response to the petition on behalf of respondent on review.

UNIS, Justice.

Under authority of Portland City Code (PCC) 22.05.010(a)(2), the City of Portland (the city) may order removal of a nuisance. The question presented in this case is whether the city may demolish a vacant residential structure found to create a nuisance without a finding on the record that demolition is a reasonable choice of remedy to address the problem created by the nuisance. We answer that question "no."

The facts that we recite are undisputed...

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