Duyck v. Tillamook County

Plaintiffs appeal from the trial court’s judgment dismissing their quiet title action against defendant county-on the ground that the county enjoyed sovereign immunity from the action. We affirm.

In Kern Land Co. et al v. Lake County, 232 Or 405, 375 P2d 817 (1962), the court held that counties are immune from quiet title actions, in the absence of specific statutory authorization or a waiver of the immunity, and it rejected the arguments of the plaintiffs based on a number of statutes that they contended authorized the actions. Among the statutes that the plaintiffs relied on in Kern was ORS…