Winters v. County of Clatsop

LINDER, J. pro tempore

The issue in this case is whether plaintiff is entitled to restitution of the amount paid for property bought from the City of Seaside. The property was conveyed to plaintiffs predecessor in interest through a bargain and sale deed, and, thus, through a deed containing no warranties of title. About 16 years later, plaintiff discovered that the city’s attempted sale of the property had triggered an automatic reversion of the title to Clatsop County. We conclude that restitution is not available to plaintiff on an unjust enrichment theory. Accordingly, we reverse the award…