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SHIPLER v. VAN RADEN

No. 18-253; CA 11599, No. 18-253; CA 11599.

599 P.2d 1141 (1979)

41 Or.App. 425

Tom SHIPLER and Betty D. Shipler, Appellants, v. Kenneth H. VAN RADEN and Susan Lee Van Raden, Nita Wagner, and the Lewelling Corporation, an Oregon Corporation, Respondents. Tom Shipler and Betty D. Shipler, Respondents, v. Kenneth H. Van Raden and Susan Lee Van Raden, Nita Wagner, and the Lewelling Corporation, an Oregon Corporation, Appellants.

Court of Appeals of Oregon.

Decided August 20, 1979.

Attorney(s) appearing for the Case

H. William Barlow, Salem, argued the cause for appellants/respondents, Tom Shipler and Betty D. Shipler. With him on the briefs was Allen, Stortz, Barlow, Fox & Susee, Salem.

Asa L. Lewelling, Salem, argued the cause for respondents/appellants, Kenneth H. Van Raden and Susan Lee Van Raden, Nita Wagner, and The Lewelling Corporation, Salem.

Before SCHWAB, C.J., and LEE and ROBERTS, JJ.

LEE, Judge.

The questions presented by this appeal are whether defendants breached certain restrictive covenants, thereby causing injury to plaintiffs' view, and whether attorney fees should have been awarded to defendants. Plaintiffs are the owners of a lot within an ocean front subdivision known as Kiwanda Shores. Defendant Lewelling Corporation is the common grantor and defendants Van Raden are the owners of the lot immediately to the north of plaintiffs'. Plaintiffs...

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