LLC RPD v. OPSAHL (2022)

Court of Appeals of Oregon.

Weston TWIGG and Carrie Twigg, Plaintiffs-Respondents Cross-Appellants, Rainier Pacific Development, LLC (RPD), an Oregon limited liability company, Defendant, v. Gregg OPSAHL, Hana Opsahl, and Erik Opsahl, Garnishees-Appellants Cross-Respondents.

A174051

Decided: February 24, 2022

Before Kamins, Presiding Judge, and Lagesen, Chief Judge, and Landau, Senior Judge.

Steven F. Cade and Sussman Shank LLP for petition. J. Kurt Kraemer and McEwen Gisvold LLP for response.

The Twiggs petition for reconsideration of our opinion in Twigg v. Opsahl, 316 Or. App. 775, 505 P.3d 486 (2022), asking that we clarify the opinion to address additional allegations that we did not expressly discuss with respect to their Uniform Fraudulent Transfer Act (UFTA) theory. We agree with the Twiggs that our discussion of the UFTA theory inadvertently omitted mention of allegedly unlawful distributions to members. To avoid confusion on remand, we allow reconsideration and modify the text of our prior opinion to correct those omissions. Specifically, we modify the phrase “rent arrangement was” at 316 Or. App. at 778, 505 P.3d 486 to read “rent arrangement and distributions were.” And, we modify all subsequent references in the opinion to “rent payments” so that they refer to “rent payments and distributions.”

Reconsideration allowed; former opinion modified and adhered to as modified.

PER CURIAM

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