Eden Gate, Inc. v. D&L Excavating & Trucking, Inc.

This appeal stems from two cases, consolidated on appeal by stipulation of the parties, concerning a contract between D&L Excavating and Trucking, Inc. (D&L) and Eden Gate, Inc. (Eden Gate). The contract called for D&L to decommission an underground storage tank on Eden Gate’s property and to remove nearby contaminated soil. In one case, a Multnomah County court found that D&L had breached the contract. The court entered judgment for damages in Eden Gate’s favor. D&L appeals from that judgment. In the other case, a Yamhill County court also entered judgment in favor of Eden Gate, concluding…