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SAYLER v. CITY OF DURHAM

No. 41-852; CA A22772.

663 P.2d 803 (1983)

63 Or.App. 327

C. Douglas SAYLER and Eileen D. Sayler, Respondents, v. The CITY OF DURHAM, a Municipal corporation, Appellant.

Court of Appeals of Oregon.

Decided May 25, 1983.

Attorney(s) appearing for the Case

Dale M. Hermann, Portland, argued the cause and filed the brief for appellant.

Mary M. Mertens, Portland, argued the cause for respondents. On the brief was Phillip C. Querin, Portland.

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

WARREN, Judge.

Defendant City appeals from a summary judgment in favor of plaintiffs, finding that the City lacks standing to enforce a "Buffer and Landscape Easement" contained in the recorded plat of a Planned Unit Development (PUD) approved by the City. We reverse.

Most of the facts are undisputed. A land developer applied to the City for approval of a PUD. The City gave preliminary approval subject to a number of conditions, including that the PUD contain...

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