Hamilton v. State

Plaintiff, the owner of improved real property in the City of Astoria which was damaged by a landslide, appeals from a summary judgment entered for defendants. He contends that the trial court erred in granting defendants’ motions for summary judgment, in refusing to allow him to file a second amended complaint, and in rejecting his attorney’s affidavit and photographs in opposition to the motion for summary judgment. We reverse in part and remand.

Defendant City of Astoria (City) owns in fee real property adjacent to plaintiff’s property and under the highway approach to the Astoria-Megler…