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HAWKINS v. 1000 LTD. PARTNERSHIP

A155376.

388 P.3d 347 (2016)

282 Or. App. 735

Richard L. HAWKINS and Christopher A. Folkestad, as Trustees of the Timothy P. Moyer Trust, and derivatively on behalf of 1000 Broadway Building Limited Partnership, an Oregon limited partnership, and 1000 Limited Partnership, an Oregon limited partnership, Plaintiffs-Appellants Cross-Respondents, v. 1000 LIMITED PARTNERSHIP, an Oregon limited partnership; 1000, Inc., an Oregon corporation; TMT Development Co., Inc., an Oregon corporation; West Park Avenue, LLC, an Oregon limited liability company; Fox Tower, LLC, an Oregon limited liability company; and Vanessa Sturgeon, Defendants-Respondents Cross-Appellants, and 1000 Broadway Building Limited Partnership, an Oregon limited partnership, Cross-Appellant.

Court of Appeals of Oregon.

December 14, 2016.

Attorney(s) appearing for the Case

Eric A. Lindenauer, Portland, argued the cause for appellants-cross-respondents. With him on the briefs was Garvey Schubert Barer.

Jan K. Kitchel argued the cause for cross-appellant 1000 Broadway Building Limited Partnership and respondents-cross-appellants 1000 Limited Partnership and 1000, Inc. With him on the briefs were Casey M. Nokes and Cable Huston LLP.

Robyn Ridler Aoyagi, Portland, argued the cause for respondent-cross-appellant Vanessa Sturgeon. With her on the briefs were Daniel H. Skerritt and Tonkon Torp LLP.

J. Kurt Kraemer, Katie Jo Johnson, and McEwen Gisvold LLP filed the briefs for respondents-cross-appellants West Park Avenue, LLC, and Fox Tower, LLC.

Thomas H. Tongue, Brian R. Talcott, and Dunn Carney Allen Higgins & Tongue LLP filed the briefs for respondent-cross-appellant TMT Development Co., Inc.

Before Duncan, Presiding Judge, and Lagesen, Judge, and DeVore, Judge.

This appeal involves an interfamily dispute among the direct and indirect owners of the 1000 Broadway Building, one of several commercial buildings developed by Tom Moyer Sr. The ownership structure for the 1000 Broadway Building involves a labyrinthine arrangement of partnership interests, but, in overly simplified terms, four trusts...

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