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45 Or. App. 847

Brigham v. Payne

Court of Appeals of Oregon

Decided April 14, 1980

Court of Appeals of Oregon · decided 1980-04-14

Applies OR 312 § 312.230

Decided 1980-04-14

JOSEPH, J.

¶1In this declaratory judgment action concerning the validity of a purported dedication of a small park in a subdivision, defendants, bona fide purchasers of the disputed parcel of real property, appeal from a summary judgment for plaintiffs, landowners in the subdivision. Defendants’ title derives from a tax foreclosure decree entered in 1966. The two-year statute of limitations for a collateral attack on that decree expired nearly 10 years prior to the filing of this lawsuit. ORS 312.230. The tax foreclosure decree is conclusive as to plaintiffs, who are private individuals. See Chizek v. Port of Newport, 252 Or 570, 578, 450 P2d 749 (1969). Judgment should be entered for defendants. Or Const, Art VII, § 3.

¶2Reversed and remanded.

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