- Court: Oregon Supreme Court
- Area(s) of Law: Civil Procedure
- Date Filed: 09-10-2020
- Case #: A170709
- Judge(s)/Court Below: Kamins, J. for the Court; Lagesen, P.J; & James, J.
- Full Text Opinion
Appellants appealed the trial court’s decision to grant summary judgment in favor of Respondents. On appeal, Appellants argued that ORS 92.170 didn’t authorize an affidavit of correction and they were thereby entitled to rely on the recorded plat. Under ORS 92.170(1)(d), the legislature had intended for the eligibility of correction to be determined by whether a licensed surveyor could ascertain of an error. The Court held that Appellants failed to demonstrate entitlement to rely on the recorded plat and the trial court properly granted summary judgment. The Court reasoned that the enactment of ORS 92.170 circumscribed Appellants' reliance on the recorded plat. Vacated and remanded for entry of judgment declaring parties’ rights; otherwise affirmed.