White v. Umatilla County

KILKENNY, District Judge.

This is a claim by plaintiffs against defendant for damages. The claim grows out of a written contract between plaintiffs and defendant, in which plaintiffs agreed to convey to defendant a certain right-of-way for a road. The contract, among other things, required defendant to meet certain standards in order to “insure proper drainage of the adjacent land.” Plaintiffs allege a breach of the standards and claim a right of recovery on three alternate theories.

A threshold question raised by defendant is whether it should be treated as an alter ego of the state of Oregon,…