• Print
  • |
  • |
  • PDF

Real Estate Litigation

Miller Nash Graham & Dunn represents clients in all types of real estate-related litigation, including disputes involving leases, contracts for the sale or purchase of real property, condemnation, quiet title, trespass, land use, environmental contamination, and title insurance. Our extensive litigation experience includes:

  • Lease disputes and other landlord/tenant issues, including forcible entry and detainer 
  • Corporate governance, shareholder, and fiduciary disputes involving developers, owners, homeowner associations, and real estate-related trusts
  • Condemnation projects, such as utility lines, campus expansion, and new schools 
  • Disputes over property lines, quiet title, and trespass
  • Damages and specific performance claims based on contracts for the purchase and sale of real property

Representative Experience

Recovered in excess of $7 million for contract purchasers of real estate, moorages, and marinas. Successful jury verdicts in Oregon and Washington.
Successful defense of partners in alleged breach of partnership agreement involving in excess of $30 million.
Successful defense of homeowners association board and the recovery of costs and attorney fees in the face of multimillion-dollar claims. Recovered more than $1 million in attorney fees and costs and disbursements. Plaintiff’s motion for preliminary injunction was denied. Claims against Rippling River Association and its board included breach of fiduciary duty, breach of state statutes relating to homeowners association and master plans, and violation of homeowners association articles and bylaws. The case involved an effort by minority members to take over the board of a homeowners association and recover millions of dollars in damages and attorney fees based on, among other things, failure to obtain proper membership vote for change in voting procedures and election of directors.
Defended reimbursement district against writ of review and court of appeals challenges.

Successful defense of board member, including recovery of costs and attorney fees in the face of multimillion-dollar claims for breach of fiduciary duty and related derivative claims. On the first day of trial, after several days of evidentiary hearings, personal damage claims against Ann Widmer (independent director) amounting to more than $6 million were dismissed with prejudice. The court ruled that Ms. Widmer was entitled to mandatory indemnification by the corporation, H. Naito Corporation. Claims included breach of fiduciary duty, derivative claims, and recoupment of attorney fees and costs paid for indemnification against Ms. Widmer and another independent director in connection with a lawsuit by minority shareholders based on breach of fiduciary duties and oppressive conduct.