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DRULARD v. LeTOURNEAU

TC A76-07-10279; SC 25634.

593 P.2d 1118 (1979)

286 Or. 159

Norman R. DRULARD and Olive C. Drulard, Husband and Wife, Appellants, v. Dale W. LeTourneau and Lois S. LeTourneau, Husband and Wife, Respondents.

Supreme Court of Oregon, Department 2.

Decided April 24, 1979.

Attorney(s) appearing for the Case

J. Elliott Busey, Portland, argued the cause and filed the brief for appellants. With him on the brief were Ray D. Sherwood and Gilley, Busey & Porter, Portland.

Marvin Nepom, Portland, argued the cause and filed the brief for respondents. With him on the brief were Ray F. Merry and King & Merry, Portland.

Before DENECKE, C.J., and TONGUE, BRYSON and LINDE, JJ.

TONGUE, Justice.

This is a suit to enjoin the alleged violation of building restrictions in a platted subdivision in Portland by the construction of a house which impaired the view from plaintiffs' house. Plaintiffs appeal from a decree denying relief. We affirm.

The building restrictions include the following provision:

"No residential building shall be erected, or permitted to remain on any lot in said addition, having more than one story above...

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