Handam v. Wilsonville Holiday Partners, LLC

234 P.3d 133, 235 Or. App. 688, 2010 Ore. App. LEXIS 655

• Court: Court of Appeals of Oregon
• Decided: June 16, 2010
• Docket: C040634CV; A128759
• Status: Published

Opinion

PER CURIAM

This case is before us on remand from the Oregon Supreme Court, Handam v. Wilsonville Holiday Partners, LLC, 347 Or 533, 225 P3d 43 (2010), with instructions to reconsider it in light of the court’s decision in Lamson v. Crater Lake Motors, Inc., 346 Or 628, 216 P3d 852 (2009), which affirmed our decision in Lamson v. Crater Lake Motors, Inc., 216 Or App 366, 173 P3d 1242 (2007). On remand, we observe that the Supreme Court’s decision in Lamson makes it clear that we applied the correct legal test in our original opinion in this case, Handam v. Wilsonville Holiday Partners, LLC, 225 Or App 442, 201 P3d 920 (2009) (Handam I). The reasoning and result set forth in Handam I are consistent with the Supreme Court’s analysis in Lamson. Accordingly, we adhere to our original opinion and disposition in this case; for the reasons set forth in Handam I, we affirm on appeal and reverse and remand on cross-appeal.

On appeal, affirmed; on cross-appeal, reversed and remanded for entry of judgment for respondent-cross-appellant Wilsonville Holiday Partners, LLC.