Hagel v. Portland State University

Plaintiff appeals a judgment dismissing his complaint, brought under the forcible entry and detainer (FED) law. We reverse.

Plaintiffs amended complaint alleged, in pertinent part:

“Defendant is in possession of the [premises at issue].

“Defendant entered upon the premises with force on Sept. 23, 2004, in violation of ORS 105.105.

“Plaintiff is entitled to possession of the premises, because: For several years, until Defendant ousted him on Sept. 23, 2004, Plaintiff was in peaceful possession of the premises.”

Pursuant to ORCP 21 A(8), defendant moved to dismiss the complaint for failure to state…