DONACA v. IVALL

No. 77-4-273; CA 11261.

605 P.2d 709 (1980)

44 Or.App. 121

Douglas W. DONACA and Lynda C. Donaca, Husband and Wife, Appellants Cross-Respondents, v. Glen E. IVALL, Respondent Cross-Appellant, Ronald R. Wyffels, Defendant, Washington Federal Savings and Loan Association, Respondent.

Court of Appeals of Oregon.

Decided January 21, 1980.


Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellants-cross-respondents. With him on the briefs were Thomas A. Gerber, Elizabeth K. Reeve, and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

John C. Caldwell, Oregon City, argued the cause for respondent-cross-appellant Glen E. Ivall. With him on the brief was Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

No appearance made by respondent Washington Federal Sav. and Loan Ass'n.

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


ROBERTS, Judge.

Both parties appeal from the judgment of the trial court awarding plaintiffs nominal damages for defendant's violation of the Declaration of Restriction to which the properties owned by both are subject.

Plaintiffs have lived in their home since 1974 when it was built for them. Defendant purchased a lot across the street from plaintiffs in 1976 and began to build a home on that lot in January, 1977. Much of the property in the area, including...

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