Legal Opinion
Conklin v. Karban Rock, Inc.
Court of Appeals of Oregon
Decided January 11, 1989No. 86-0096C; CA A43302PublishedCited by 19 opinions
1Opinion of the CourtButtler, P. J.
Defendant Karban Rock (Karban) appeals a judgment dismissing its counterclaims against plaintiff, Conklin, and its claims against third-party defendant, Jenkins, for failure to state claims. ORCP 21A(8). Alternatively, it seeks reversal or reduction of the award of attorney fees to Conklin and Jenkins. We affirm.
We accept the pleaded facts as true. Franson v. Radich, 84 Or App 715, 717, 735 P2d 632 (1987). In 1977, Karban entered into a written lease with Jenkins which allowed Karban to apply for a conditional use permit to quarry rock on a 15-acre parcel owned by Jenkins. In 1980, that lease…
2Cases cited16 opinions
- Top Service Body Shop, Inc. v. Allstate InsuranceOregon Supreme Court · 1978
- Straube v. LarsonOregon Supreme Court · 1979
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Pickinpaugh v. MortonOregon Supreme Court · 1974
- Donahoe v. Eugene Planing MillOregon Supreme Court · 1969
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Community Title Co. v. Roosevelt Federal Savings & Loan Ass'nSupreme Court of Missouri · 1990
- Church v. WoodsCourt of Appeals of Oregon · 2003
- Thompson v. Telephone & Data Systems, Inc.Court of Appeals of Oregon · 1994
- Siegner v. Interstate Production Credit Ass'nCourt of Appeals of Oregon · 1991
- Gibson v. BankofierCourt of Appeals of Oregon · 2015
14 more not listed; retrieve them via the Exa API.