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YUNKER v. MEANS

530 P.2d 846 (1975)

Francis L. YUNKER and Sharon Yunker, Respondents, v. C.R. MEANS et al., Appellants.

Supreme Court of Oregon.

Decided January 16, 1975.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause for appellants. With him on the brief were James E. Redman and Redman & Carskadon, Milwaukie.

Francis F. Yunker, Portland, argued the cause and filed a brief for respondents.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL, SLOPER and LEAVY, JJ.

HOLMAN, Justice.

Plaintiffs and defendants were adjacent property owners with abutting back yards. Plaintiffs brought this suit under ORS 215.1851 to compel defendants to remove a second story deck at the back of defendants' house. Plaintiffs alleged that the deck violated the setback line requirements imposed by the county's zoning ordinances. Defendants appeal from a decree for plaintiffs.

The county's ordinances required a minimum...

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