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LDS DEVELOPMENT, LLC v. CITY OF EUGENE

A158294.

382 P.3d 576 (2016)

280 Or. App. 611

LDS DEVELOPMENT, LLC, substituted in place of Stonecrest Properties, LLC, Plaintiff-Appellant, v. CITY OF EUGENE; Developers Surety and Indemnity Company; and The Real Estate Development Group, LLC, Defendants-Respondents, and Eugene Water & Electric Board, Defendant.

Court of Appeals of Oregon.

August 31, 2016.

Attorney(s) appearing for the Case

Christopher P. Koback, Portland, argued the cause for appellant. With him on the briefs was Hathaway Koback Connors LLP.

Anne C. Davies argued the cause for respondent City of Eugene. On the brief were Jerome Lidz and Glenn Klein.

Thomas M. Christ, Portland, argued the cause for respondent Developers Surety and Indemnity Company. With him on the brief were Julie A. Smith and Cosgrave Vergeer Kester LLP; and Jonathan W. Monson and Cable Huston LLP.

No appearance for respondent The Real Estate Development Group, LLC.

Before Armstrong, Presiding Judge, and Hadlock, Chief Judge, and Shorr, Judge.

This action arises from a to-date failed housing development in Eugene. Although it involves multiple parties, it primarily relates to the question of whether two of the parties have an obligation to construct certain public infrastructure improvements outlined in the agreement authorizing the subdivision and development of the property...

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