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State v. Payne12/16/1998
15.145 is a statute of limitations for purposes of ORS 12.250, leaving aside the Lamb and related rationales that defendant espouses. The answer to that question is not difficult. ORS 115.145(1)(b) is a statute of limitation, because it places a limit on the time within which an action of this precise kind may be brought. See Ben Rybke Co. v. Royal Globe Insurance Co., 293 Or 513, 518, 651 P2d 138 (1982) (effect of statutes of limitations is "to set a maximum time within which a lawsuit may be filed"). ORS 115.145 is a statute of limitations and ORS 12.250 makes it inapplicable to plaintiff. City of Medford, 91 Or App 213. The trial court did not err in granting plaintiff's motion for summary judgment.
Affirmed.
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