WARREN v. DEL PIZZO

No. A7905-02179; CA 15582.

611 P.2d 309 (1980)

46 Or.App. 153

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.

Decided May 19, 1980.


Attorney(s) appearing for the Case

Eric H. Carlson, Lake Oswego, argued the cause and filed the briefs for appellants.

Donald Winfree, Portland, argued the cause for respondent Del Pizzo. With him on the brief was Winfree & Noonan, Portland.

John Heald, Portland, argued the cause for respondents Weitzel, Roberts, Walters, Martin, Buckwalter & Fabian, who joined in the brief of respondent Del Pizzo.

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


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 known as Lachenview. The amendment purported to eliminate height restrictions contained in the original declaration.

Following cross motions for summary judgment, the trial court held that the amendment eliminating the height restriction was valid. Plaintiffs...

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