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RUDDER v. HOSACK

A171925.

506 P.3d 1156 (2022)

317 Or. App. 473

Richard E. RUDDER and Wendy L. Rudder, Plaintiffs-Respondents, v. William D. HOSACK and Kathleen A. Hosack, Defendants-Appellants.

Court of Appeals of Oregon.

February 9, 2022.

Attorney(s) appearing for the Case

Katie Jo Johnson, Portland, argued the cause for appellants. Also on the briefs were J. Kurt Kraemer and McEwen Gisvold LLP.

Carson Bowler, Portland, argued the cause for respondents. Also on the brief were Jessica A. Schuh, Alex Bish, and Schwabe, Williamson & Wyatt, P.C..

Before James, Presiding Judge, and Lagesen, Chief Judge, and Kamins, Judge.

This case concerns liability for a leaking oil tank on residential property. Plaintiffs, who bought the property from defendants, sued to obtain a judicial declaration holding defendants strictly liable for remedial action costs under ORS 465.255. That statute provides, in relevant part:

"(1) The following persons shall be...

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