Montara Owners Ass'n v. La Noue Development, LLC

We hold, contrary to the customary burden of proof, see North Pacific Lbr. v. Moore, 275 Or 359, 366, 551 P2d 431 (1976), that third-party defendant Sharabarin — not third-party plaintiff La Noue Development, LLC — had the burden to establish the amount of damages that La Noue could recover under the alternative measure of damages that Sharabarin argued should apply. 259 Or App at 665 n 3. Although I agree that Sharabarin was required to establish the amount of the diminution in value of the buildings, I disagree with the majority’s reasoning.

The majority explains the rationale for the…