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Evans v. Korman

December 14, 1972

EVANS ET UX, APPELLANTS,
v.
KORMAN ET AL, RESPONDENTS



Appeal from Circuit Court, Umatilla County. William W. Wells, Judge.

Lawrence B. Rew, Pendleton, argued the cause for appellants. On the briefs were Corey, Byler & Rew, Pendleton.

Robert W. Collins, Pendleton, argued the cause and filed a brief for respondents.

In Banc. Bryson, J.

Bryson

Plaintiffs purchased from defendants a residential lot in Pendleton, Oregon, which is bounded on the north by N. W. Ingram Lane and on the east, south, and west by other property of defendants. Plaintiffs commenced this suit to compel defendants to construct a 60' roadway over defendants' land to provide a southern access to plaintiffs' lot. The complaint alleged that plaintiffs relied on defendants' promise to provide the road according to plans exhibited to plaintiff Arthur R. Evans and that defendants violated an ordinance of the city of Pendleton by selling land by

reference to a subdivision plan which had not been approved by the city. The complaint was dismissed and plaintiffs appealed.

In 1969 defendants owned a parcel of real property in Pendleton which they wished to develop. Defendant Wesley V. Korman, an architect, made several different preliminary subdivision maps in varying degrees of detail, but never filed a final plan with the city. Plaintiff Arthur R. Evans saw Korman's maps but found them unsatisfactory until he was shown Korman's plan of October 1969.

Korman's map divided the entire Korman property into residential lots. The lot in which Evans was interested was the middle lot of five remaining lots fronting on N. W. Ingram Lane, the northern boundary of the Kormans' property. Evans' lot was bordered on the south by a proposed street which extended from Evans' lot south to N. W. Horn Street. Defendants conveyed the lot to plaintiffs for $3,000 by a warranty deed dated November 21, 1969.

Evans, a realtor and home builder, desired to construct a duplex on the lot. Officials of the city of Pendleton and Equitable Savings and Loan Assn. testified at trial that when Evans applied for a building permit and a construction loan at their respective offices he exhibited Korman's map and assured them that southern access to the lot would be provided in the future.

On August 6, 1970, defendant Madeleine C. Korman attempted to dedicate the proposed extension of N.W. 3rd Street to the city of Pendleton. The application was denied. Mr. Korman testified that plaintiffs had access to the back, or southerly, portion of the property they purchased and that defendants have

never prevented plaintiffs from using defendants' land to gain such access. Plaintiffs' duplex was completed in October 1970, and plaintiffs ...


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