Real Estate Litigation
Tonkon Torp's lawyers have substantial expertise in litigating real estate disputes. We have successfully litigated real estate cases in state and federal courts and in arbitration proceedings. We represent clients in the wide range of disputes that can arise in connection with real estate matters, including:
  • Commercial leasing disputes and eviction proceedings
  • Specific performance of land sale contracts
  • Boundary issues, encroachments, adverse possession, timber trespass and quiet title cases
  • Foreclosures and liens
  • Easements
  • Condemnation proceedings

Representative Real Estate Litigation Matters

  • Represented property developer in an action against its anchor tenant, after the tenant defaulted on a lease which had provided the basis for $25 million in building renovation financing. The matter settled shortly before trial for a substantial recovery. In related cases, we defended the owner against numerous construction lien claims and the lender's foreclosure proceeding.
  • Represented a building owner in a declaratory judgment action to determine ownership and rights to advertising space located on an old remnant wall. This case involved historical research, expert forensic engineering, and boundary, trespass and adverse possession issues.
  • Defended a ranch owner in eminent domain proceedings brought by local municipality to establish a waste water pipeline through the ranch. The condemnation taking consisted of temporary and permanent easements for construction and operation of the pipeline. The matter settled shortly before trial, for 10 times more than the municipality's original offer and with greatly improved engineering and safety requirements to benefit our client.
  • Represented a warehouse owner in eminent domain proceedings brought by Tri-Met in connection with the Milwaukie Light Rail project. Obtained favorable settlement for our client.

Real Estate & Land Use Transactional Practice

Our real estate and land use attorneys have decades of experience. We help landowners, developers, builders, investors, tenants and lenders solve problems and achieve their real estate objectives. More information can be found on our Real Estate & Land Use Law page.

Site Certificate for Oregon Wind Facility

Represented client to obtain a site certificate from the Oregon Energy Facility Siting Council to construct a 500 MW wind energy facility in Morrow and Umatilla Counties. The project faced stiff opposition from Umatilla County, some local landowners and a local anti-wind coalition. The project presented unique issues related to energy transmission, as the available corridors to connect the project to the interstate transmission grid were constrained and presented considerable development challenges. After a five-year process, including a contested case before an administrative hearings officer that was resolved by a successful motion for summary judgment over the opposition of the Department of Energy, the Council issued a site certificate authorizing construction of the facility.
 

Thomas Michael Anderson, as Trustee of the Timothy P. Moyer Trust, et v. Sturgeon et. al.

(Multnomah County Circuit Court) - Defended president of property management company against claims for breach of contract and breaches of fiduciary duty. Obtained summary judgment dismissing complaint in its entirety.

Port of Arlington v. U.S. Army Corps of Engineers

Tonkon Torp represents the Port of Arlington, Oregon in ongoing federal court litigation arising out of the Corps' revocation of the Port's permit to build a dock facility in the Columbia River.

Kramer v. City of Lake Oswego

Tonkon Torp represents the City of Lake Oswego, Oregon in a lawsuit concerning ownership of and access to Oswego Lake. After Tonkon's lawyers were successful in moving to have the case dismissed in federal court, the lawsuit is now pending in Oregon state court.

Condominium Project Representation

Represented the purchaser of a troubled green condominium project in North Portland. This Multnomah County Circuit Court case involved over 20 parties, including the architect, general contractor, subcontractors and suppliers. The building, although brand new, experienced significant construction defects, including a prematurely failed roof and acoustic separation issues. The case was ultimately settled following a series of joint expert investigations and a comprehensive mediation process.

Condemnation Proceeding Representation

Represented the building owner in a condemnation proceeding involving a warehouse in Portland which is in the path of a new light rail line under construction. The client claimed that the condemning authority's offer of $1.2 million for the warehouse undervalued the property. The matter was resolved through a negotiated settlement favorable to our client.

Land Use

Represented a ?large industrial landowner in a series of appeals successfully challenging the City of Portland's North Reach River Plan ordinance as failing to comply with Oregon's statewide land use planning goals and the City's own comprehensive plan. (Land Use Board of Appeals, Oregon Court of Appeals, Oregon Supreme Court)

WHI Hotel, LLC, et al. v. Wilsonville Holiday Partners LLC, et al.

Defended Wilsonville Holiday Partners (WHP) against claims for breach of warranty and misrepresentation in a hotel property sold by WHP to buyers in 2008. The buyers claimed that alleged defects in the hotel allowed water intrusion from the roof and windows. The case was tried to a jury in Washington County Circuit Court. Plaintiffs sought damages of $5 million and punitive damages of $15 million. After the jury had deliberated to impasse, the case was settled on terms favorable to the client, for a small fraction of the amount sought by plaintiff, and the settlement consisted mainly of forgiveness of a note from buyers to seller for seller financing of a portion of the purchase price.

Property Developer Representation - Breach of Commercial Lease

Represented property developer in an action against its anchor tenant, after the tenant defaulted on a substantial lease which has provided the basis for $25 million in building renovation financing. The matter settled shortly before trial for a substantial recovery. In related cases, we defended the owner against numerous construction lien claims and the lender's foreclosure proceeding.

City of Hermiston v. LGW Ranch, Inc.

Represented LGW Ranch, Inc., a cattle ranching operation, in a condemnation proceeding involving diversion of treated municipal wastewater. The matter was resolved through a negotiated agreement favorable to our client.

Beardsley v. Weiner

Represented Fountain Village Development, which owns a portfolio of historic buildings in downtown Portland, in bankruptcy proceedings that included a dispute over who owned the rights to revenue from advertising on what had been a common wall on one of the company's properties.

Crandall v. Rajaratnam

Obtained a favorable award following a week-long arbitration on claims of recession and damages relating to the purchase and sale of real estate.

Fraud and Breach of Contract Defense

Defended a real estate developer against claims of fraud and breach of contract arising from a mixed residential-business-church development project. The client sought our help less than two weeks before the scheduled arbitration hearing. We prepared witnesses, including experts, and assembled documentary evidence in time for the hearing, and we succeeded in protecting our client from any personal liability.