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Property Keyed to French
Westwood Homeowners Ass’n v. Lane Cnty.
Facts
Westwood Homeowners Association (Plaintiff) maintains the streets and common areas of Westwood, a planned unit development. The lots in Westwood are subject to covenants to pay yearly assessments to finance Plaintiff’s operations, and the covenants are secured by liens on the property. The owners of 15 of the properties failed to pay their property taxes, so Lane County (Defendant) acquired title to the properties in 1988. Defendant did not pay the assessments to Plaintiff, and in 1990 Plaintiff brought suit to foreclose on its liens on the properties. Defendant claimed that it had title to the property free of the covenant to pay the assessments, due to a statute providing that properties acquired in tax foreclosure proceedings are free of “liens” and “encumbrances.” Both parties moved for summary judgment, and the trial court entered summary judgment for Plaintiff. The intermediate appellate court affirmed, and Defendant appealed to the state supreme court.
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