Nature of the Case
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Facts
Westwood PUD is a planned community development governed by recorded CC&Rs that required all lot owners to pay assessments to the Homeowners Ass'n (P). Those assessments are secured by liens against the lots. Lane County (D) acquired title to 15 lots in Westwood as a result of a statutory tax foreclosure. P made the normal assessments to D and D refused to pay for its share. P filed a foreclosure action against D for the $18,000 in unpaid assessments from January 1988 to August 1990. D filed a quiet title or to foreclose P's lien if it had not been extinguished by tax foreclosure. Both parties moved for summary judgment. The trial court granted summary judgment for P and allowed P to foreclose against D. D appealed. The Appeals Court affirmed.
Holding and Decision
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Legal Analysis
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