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SPIVAK v. MARRIOTT

040100327, A126249.

159 P.3d 1192 (2007)

213 Or. App. 1

James SPIVAK and Gary Spivak, co-personal representatives for the Estate of Henry Spivak, deceased, dba Mr. Car Wash, Plaintiffs-Appellants, v. Dean C. MARRIOTT and City of Portland Bureau of Environmental Services, Defendants-Respondents.

Court of Appeals of Oregon.

Decided May 23, 2007.

Attorney(s) appearing for the Case

Lindsey H. Hughes, Portland, argued the cause for appellant. With her on the briefs was Keating Jones Bildstein & Hughes, P.C.

Harry Michael Auerbach, Chief Deputy City Attorney, argued the cause and filed the brief for respondents.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

BREWER, C.J.

James and Gary Spivak, personal representatives of the estate of Henry Spivak, dba Mr. Car Wash, appeal from a judgment that dismissed plaintiff's1 petition for a writ of review and his constitutional, conversion, and contract claims against defendants City of Portland Bureau of Environmental Services (the city) and Dean C. Marriott, the Bureau's director. We reverse and remand.

The trial court granted defendants'...

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