HICKMAN v. SIX DIMENSION CUSTOM HOMES, INC.


543 P.2d 1043 (1975)

Charles M. HICKMAN and Margaret E.B. Hickman, Husband and Wife, Appellants, v. SIX DIMENSION CUSTOM HOMES, INC., Respondent.

Supreme Court of Oregon, In Banc.

Decided December 26, 1975.


Attorney(s) appearing for the Case

Paul D. Schultz, Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City, argued the cause and filed a brief for appellants.

John C. Hutchison, Biggs, Hutchison & Hammond, Oregon City, argued the cause and filed a brief for respondent.


HOLMAN, Justice.

This is a suit for a mandatory injunction to remove three residences built in Clackamas County by defendant. Plaintiffs appeal from a decree for defendant.

The facts and exhibits which the court may consider are stipulated by the parties. Defendant is the owner of a tract that has been platted into a three lot subdivision. Access is via a 20-foot-wide private easement which connects the subdivision with a public street. Plaintiffs own and...

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