FALLON v. HUMES

No. 78-2979-E-2; CA 17392.

627 P.2d 1 (1981)

51 Or.App. 381

Edward A. FALLON and Esther N. Fallon, Husband and Wife, Clark E. Snider and Inez A. Snider, Husband and Wife, Eugene Clark and Beatrice J. Clark, Husband and Wife, Glen Miles and Yvonne Miles, Husband and Wife, Paul Daugherty and Elizabeth Daugherty, Husband and Wife, and Monty Elliott and Lorna Elliott, Husband and Wife, Appellants, C.H. Higgins and B. Holly Higgins, Husband and Wife, O.Z. Howard and Hazle E. Howard, Husband and Wife, Elmer Riley, Frederica Laurence, Sandra K. Speasl, and Kathryn S. Van Vleet, Plaintiffs, v. Brenda C. HUMES, Harry Edward Wixon, and Jackson County Federal Savings and Loan Association, a Corporation, Respondents.

Court of Appeals of Oregon.

Decided March 30, 1981.


Attorney(s) appearing for the Case

Thomas C. Howser, Ashland, argued the cause for appellants. With him on the briefs was Cottle, Howser & Cue, Ashland.

E.R. Bashaw, Medford, argued the cause and filed the brief for respondents.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


THORNTON, Judge.

Appealing plaintiffs appeal from the denial of a mandatory injunction requiring the individual defendants to remove a garage they built on a portion of the corner lot they own at the junction of Prospect and Roca Streets in Ashland. Plaintiffs allege that the garage was built too close to Prospect Street, and the present dispute centers around the precise location of the boundaries of that street. Plaintiffs assign error to the trial court's finding...

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