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COURTER v. CITY OF PORTLAND

A157740.

398 P.3d 936 (2017)

286 Or. App. 39

Richard W. COURTER and Gayanne Courter, husband and wife, Plaintiffs-Appellants, v. CITY OF PORTLAND, a political sub-division of the State of Oregon, Defendant-Respondent.

Court of Appeals of Oregon.

June 7, 2017.

Attorney(s) appearing for the Case

Kristian Roggendorf, Portland, argued the cause for appellants. With him on the briefs was Roggendorf Law LLC.

Terence L. Thatcher, Deputy City Attorney, Portland, argued the cause and filed the brief for respondent.

Before Sercombe, Presiding Judge, and Hadlock, Chief Judge, and Tookey, Judge.

Plaintiffs appeal a judgment in favor of defendant City of Portland (the city) dismissing plaintiffs' inverse condemnation claim and their request for declaratory relief under the Declaratory Judgments Act, ORS 28.010 to 28.160. In 2003, the city condemned an easement for the "placement of utilities" beneath an access road on plaintiffs...

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