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WARREN v. DEL PIZZO

No. A7905-02179; CA 15582.

616 P.2d 1186 (1980)

48 Or.App. 237

Vern E. WARREN, Dollie Warren, Robert E. Tanner, III and Christine M. Tanner, Appellants, v. Richard A. DEL PIZZO, Walter E. Weitzel, Elizabeth V. Weitzel, James L. Roberts, Nicole M. Roberts, Wesley J. Walters, Marsha Lee Walters, Vernon A. Martin, Jr., Paula S. Buckwalter, John M. Fabian, and Yvonne K. Fabian, Respondents, Ronald L. McAtee, Maureen McAtee, Gary Larson, Jean Larson, Dan W. Damron, and Ann C. Damron, Defendants.

Court of Appeals of Oregon.

Petition for Reconsideration June 18, 1980.

Attorney(s) appearing for the Case

Eric H. Carlson, Lake Oswego, for appellants.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

On Appellants' Petition for Reconsideration June 18, 1980.

THORNTON, Judge.

Plaintiffs brought suit for declaratory and injunctive relief to determine the validity of an amendment to the Declaration of Restrictions for a 25-lot subdivision in east Multnomah County, which eliminated the height restriction in the Declaration.

The gravamen of plaintiffs' complaint is found in paragraph XII which alleged:

"Plaintiffs contend that the height...

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