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ALBINO v. PACIFIC FIRST FED. SAVINGS & LOAN ASS'N

479 P.2d 760 (1971)

Joseph V. ALBINO and Irene M. Albino, Husband and Wife; and Richard C. Weaver and Lucy Weaver, Husband and Wife, Appellants, v. PACIFIC FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION ET AL., Defendants, and Eveard H. Fish and Mary Fish et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided January 27, 1971.

Attorney(s) appearing for the Case

Jack A. Gardner, Eugene, argued the cause for appellants. With him on the brief were Jaqua, Wheatley & Gardner, Eugene.

H. Thomas Evans, Eugene, argued the cause for respondents. On the brief were Barber & Evans, Eugene.

TONGUE, Justice.

This is a suit which plaintiffs seek a declaratory judgment that building restrictions in deeds to all lots in a residential subdivision in Eugene do not prohibit the construction of "multiple family or apartment housing" on two of such lots. Plaintiffs, who proposed the construction of so-called "garden court" apartments on these lots, appeal from an adverse judgment.

Two contentions are made by plaintiffs: (1) That a deed restriction prohibiting...

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