ALLOWAY v. MOYER


550 P.2d 1379 (1976)

Robert L. ALLOWAY and Mary Ruth Alloway, Husband and Wife, Respondents, v. Alva B. MOYER, Appellant.

Supreme Court of Oregon, Department 2.

Decided June 24, 1976.


Attorney(s) appearing for the Case

R. Conrad Schultz, of Hill & Schultz, P.C., Eugene, argued the cause and filed briefs for appellant.

J. Fred Brandenfels, of Brandenfels & Klarr, Eugene, argued the cause and filed a brief for respondents.

Before O'CONNELL, C.J., and HOLMAN, TONGUE and BRYSON, JJ.


HOLMAN, Justice.

This is a suit in equity to restrain defendant from building a house on his lot in contravention of a building restriction as to height or, in the alternative, for damages for violation of the restriction. Defendant appeals from a decree for plaintiffs requiring him to remodel his house to comply with the restriction or to pay damages.

Plaintiffs were the original owners of all the property in question. They platted it and subsequently defendant...

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