- Court: Oregon Court of Appeals
- Area(s) of Law: Property Law
- Date Filed: 10-29-2014
- Case #: A150586
- Judge(s)/Court Below: Duncan, P.J. for the Court; Wollheim, J.; & Lagesen, J.
- Full Text Opinion
Riverview Condominium Association (the Association) appealed after the trial court dismissed its claims based on statutes of repose and of limitations. Cypress Ventures contracted with Brookfield Development as general contractor for condominium development and to develop townhomes near condominiums. Cypress experienced financial difficulties and deeded its interest to creditor Bank One. Bank One sold a 13th unit on condominium triggering a "turnover" process, which gave control to the Association board. Some point after turnover, unit owners began experiencing water intrusion in their units. The Association hired companies to fix the water issues and found a series of construction-defects. The Association brought a claim against Cypress and Brookfield for damages as result of construction defects and water intrusion. Additional claims of negligent misrepresentation and nuisance based on water intrusion were filed. The trial court granted Brookfield's partial motion for summary judgment with regard to construction-defect claims, citing ORS 12.115. The trial court granted Brookfield's summary judgment motion with regard to nuisance claims citing statute of limitation issues and dismissed the claims. The trial court entered a general judgment dismissing all claims against all defendants. The Court found the trial court erred in granting summary judgment on the Association’s construction-defect and nuisance claims. On appeal, reversed in part and remanded; on cross-appeal, dismissed as moot.