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EBBE v. SENIOR ESTATES GOLF AND COUNTRY CLUB

No. 125,221; CA A23547.

657 P.2d 696 (1983)

61 Or.App. 398

Shirley EBBE, Respondent, v. SENIOR ESTATES GOLF AND COUNTRY CLUB, an Oregon Non-Profit Corporation, Appellant.

Court of Appeals of Oregon.

Decided January 19, 1983.

Attorney(s) appearing for the Case

Malcolm L. Brand, Salem, argued the cause for appellant. With him on the brief was Rhoten, Rhoten & Speerstra, Salem.

Robert L. Engle, Woodburn, argued the cause for respondent. With him on the brief was Eichsteadt, Bolland, Engle, Schmidtman & Rohrer, Woodburn.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiff, owner of a lot in Woodburn Senior Estates, a retirement community, brought this action for declaratory judgment to declare void the attempted creation by defendant of an "initiation fee" to be levied as a lienable assessment against lots on their resale.1 The matter was submitted to the trial court on pleadings and memoranda. Defendant appeals from a judgment for plaintiff and assigns error to the trial court...

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