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WESTWOOD HOMEOWNERS ASS'N v. LANE COUNTY

CC 16-90-10439; CA A71452; SC S40106.

864 P.2d 350 (1993)

318 Or. 146

WESTWOOD HOMEOWNERS ASSOCIATION, INC., Respondent on Review, v. LANE COUNTY, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided December 16, 1993.

Attorney(s) appearing for the Case

David B. Williams, Lane County Office of Legal Counsel, Eugene, argued the cause and filed the petition for petitioner on review.

Frederick A. Batson, of Gleaves, Swearingen, Larsen, Potter, Scott & Smith, Eugene, argued the cause and filed responses to the petition for review.

J. David Bennett, of Copeland, Landye, Bennett and Wolf, Portland, filed an amicus curiae brief on behalf of Community Associations Institute, Oregon Land Title Ass'n, and Oregon State Homebuilders Ass'n.

UNIS, Justice.

ORS 312.270(1) provides that "[w]hen a county acquires real property by foreclosure for delinquent taxes, the conveyance vests in the county title to the property, free from all liens and encumbrances." The issue in this case is whether, under that statute, servitudes1 that benefit and burden individual lots in a planned unit development2 survive a tax foreclosure sale at which a county acquires...

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