- Court: Oregon Court of Appeals
- Area(s) of Law: Property Law
- Date Filed: 09-22-2021
- Case #: A172384
- Judge(s)/Court Below: Aoyagi, J. for the Court; Armstrong, P.J.; & Tookey, J.
- Full Text Opinion
Lenahan cross-appealed a ruling that found Lenahan’s lis pendens invalid and assigned error to that ruling under ORS 93.740. On appeal, Lenahan argued that the lis pendens was filed to notify potential buyers of a lawsuit specifically enumerated under ORS 90.740(1). In response, Indian Ridge argued that the nature of Lenahan’s lawsuit did not qualify as one that the statute was intended to reach. Lis Pendens can be filed to notify of a lawsuit “in which the title to or any interest in or lien upon real property is involved, affected, or brought in question.” ORS 93.740. The Court held that the statute was broadly defined to include Lenahan’s petition for review. Specifically, the Court reasoned that the review proceeding involved an interest in real property because Lenahan was interested as a beneficiary of an easement and Indian Ridge was interested in partitioning their property. Therefore, the lis pendens was appropriately filed, and it was an error for the circuit court to strike the notice during the review proceeding. Reversed on cross-appeal; affirmed on appeal.