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ECLECTIC INV., LLC v. PATTERSON

070197L3; A150458.

323 P.3d 473 (2014)

261 Or. App. 457

ECLECTIC INVESTMENT, LLC, Plaintiff, v. Richard PATTERSON, et al., Defendant. Jackson County, Cross-Claim Plaintiff-Appellant, v. Byron McAllister, Jr., dba Greater Crater Construction Company, Cross-Claim Defendant-Respondent.

Court of Appeals of Oregon.

Decided February 26, 2014.

Attorney(s) appearing for the Case

Michael Jewett filed the briefs for appellant.

James A. Wallan and Hornecker, Cowling, Hassen & Heysell, L.L.P., filed the brief for respondent.

Before Duncan, Presiding Judge, and Wollheim, Judge, and Schuman, Senior Judge.

SCHUMAN, S.J.

Respondent McAllister performed some excavation work on property owned by Eclectic Investment, LLC (Eclectic), as part of Eclectic's plan to expand its parking lot. Appellant Jackson County (the county) inspected the work and issued a permit approving it. The excavation created a dirt bank that failed after a rain storm and damaged Eclectic's property. Eclectic brought a negligence action against, among others, McAllister for performing substandard excavation...

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