Opinion
No. 78-4-153, CA 14221
Argued and submitted February 11, 1980
Reversed and remanded April 14, 1980 Reconsideration denied May 22, 1980 Petition for review denied June 17, 1980 ( 289 Or. 275)
Appeal from Circuit Court, Clackamas County.
Howard J. Blanding, Judge.
Margaretta Eakin, Portland, argued the cause for appellants. With her on the briefs was Phillip C. Querin, Portland.
Jeffrey B. Wihtol, Portland, argued the cause for respondents. With him on the brief was Morrison, Dunn, Cohen, Miller Carney, Portland.
Before Schwab, Chief Judge, and Richardson and Joseph, Judges.
JOSEPH, J.
Reversed and remanded.
In 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 P.2d 749 (1969). Judgment should be entered for defendants. Or Const, Art VII, § 3.
Reversed and remanded.