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SWAGGERTY v. PETERSEN

572 P.2d 1309 (1977)

280 Or. 739

David A. SWAGGERTY and Carol Swaggerty, Husband and Wife, Kenneth A. Springate and Kathleen M. Springate, Husband and Wife, Svent Toftemark and Lois Toftemark, Husband and Wife, Paul S. Holbo and Kay A. Holbo, Husband and Wife, James W. Kays and Marilyn Kays, Husband and Wife, Respondents, v. Carl PETERSEN, Appellant.

Supreme Court of Oregon, Department 1.

Decided December 28, 1977.

Attorney(s) appearing for the Case

H. Thomas Evans, Eugene, argued the cause for appellant. With him on the briefs were Dave Phillips and Evans & Armstrong, Eugene.

Joe B. Richards, of Luvaas, Cobb, Richards & Fraser, Eugene, argued the cause and filed a brief for respondents.

Before DENECKE, C.J., HOWELL and BRYSON, JJ., and GILLETTE, J. Pro Tem.

HOWELL, Justice.

This suit arises out of a dispute over the meaning of the density provisions of certain subdivision building restrictions. All of the parties own property within the subdivision. The plaintiffs contend that two houses built by defendant are in violation of the applicable building restrictions. The trial court agreed, and ordered the houses removed. Defendant appeals, contending that the restrictions have not been violated; that if they have been violated...

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