ORCP 29

See also annotations under ORS 13.170 in permanent edition.

LAW REVIEW CITATIONS: 62 OLR 317 (1983)

ORCP 29A

NOTES OF DECISIONS

Legal title holder of property subject to railroad right-of-way is necessary party in action to quiet title to right-of-way brought by contract purchaser of property. Egaas v. Columbia County, 66 Or App 196, 673 P2d 1372 (1983), Sup Ct review denied

In action by trust beneficiaries against trustee, plaintiffs were not required to join remaining beneficiary as necessary party, because plaintiffs were not seeking to alter trust in any way potentially damaging to remaining beneficiary’s interest. Condon v. Bank of California, 92 Or App 691, 759 P2d 1137 (1988)

LAW REVIEW CITATIONS: 62 OLR 317 (1983); 69 OLR 734 (1990)

ORCP 29B

NOTES OF DECISIONS

Although failure to join necessary parties prevents court from entering final declaratory judgment about subject matter, court may exercise power to join omitted parties rather than dismissing for lack of jurisdiction. Kaiser Foundation Health Plan v. Doe, 138 Or App 428, 908 P2d 850 (1996), Sup Ct review denied

Court must first determine that action could not properly continue without absent person before deeming person to be indispensable party. Steers v. Rescue 3, Inc., 146 Or App 746, 934 P2d 532 (1997)

LAW REVIEW CITATIONS: 62 OLR 317 (1983)