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C.E. THOMPSON, INC. v. RAX RESTAURANTS

A8605-03031; CA A46972.

772 P.2d 1388 (1989)

96 Or.App. 485

C.E. THOMPSON, INC., Ruth O. Olson, Doris O. Stevenson, Arthur A. Olson, Jr., the Northern Trust Company, and Restaurant Management Northwest, Inc., Appellants, v. RAX RESTAURANTS of Portland, Inc., and Rax Restaurants, Inc., Respondents.

Court of Appeals of Oregon.

Argued and Submitted October 31, 1988.

Attorney(s) appearing for the Case

David A. Urman, Portland, argued the cause for appellants. With him on the briefs were Jacob Tanzer and Ball, Janik & Novak, Portland.

Jack D. Hoffman, Portland, argued the cause for respondents. On the brief were G. Kenneth Shiroishi and Dunn, Carney, Allen, Higgins & Tongue, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Plaintiffs appeal a summary judgment for defendants in this action to enforce a restrictive covenant. We reverse and remand.

These facts are undisputed. Plaintiffs, other than Restaurant Management Northwest, Inc. (Restaurant Management), are owners and lessors of real property in Portland (the Burger King property). They acquired that property in 1974 by a deed that contained a restrictive covenant in favor of the Burger King property that...

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