Eleanor L. Fitzgerald v. Century Park, Inc., an Oregon Corporation

Appellant, Eleanor Fitzgerald, on behalf of herself and others similarly situated, appeals a summary judgment granted by the district court to Century Park, Inc., an Oregon land developer. Appellant’s claim is brought under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 et seq., and arises from alleged misrepresentations made by Century Park in the sale of lots in a subdivision for mobile homes.

The district court ruled that no member of the class suffered cognizable damages under § 1709(c) of the Act because the increase in value of the lots more than offset any losses appellants might have incurred. Fitzgerald contends that the trial court erred by limiting damages to “out of pocket” losses and refusing to allow “benefit of the bargain” damages. Alternatively, she urges that even if we conclude that damages are not available, we nevertheless remand for trial on the issue of nominal damages. We reject both arguments and affirm.

Fitzgerald filed this action in March of 1976 alleging damages resulting from untrue statements of material fact contained in the Property Disclosure Report provided by Century Park in connection with the sale of lots in Florence,…