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PALMER v. JOHNSTON

90-CV-0038-MS; CA A66875.

823 P.2d 1024 (1992)

110 Or.App. 538

Mahlon and Jolene PALMER; Don and Joyce Boyd; Allan and Nancy Connell; Richard and Roberta Checkwith; Darold and Marilee Dilley; Kanoelani Durdan; Bill and Cynthia Good; Lester and Patricia Haglund; Bob and Barbor Loud; Joe and Connie Madar; Donald and Ursala Mayne; Albert and Elaine McKenzie; Dale and Joy McLouth; Tom Molly; John and Madeline Pagano; Richard and Cheryl Reinertson; Sharon Sharpnack; Joe and Sandra Sharshell; Jim and Carol Stuckey; Carlos and Sylvia Valdez; Wayne and Barbara Warren; Jeff Wester; and Henry and Virginia Wydra, Respondents, v. Jeffrey JOHNSTON and Carrie J. Buchanan, Appellants.

Court of Appeals of Oregon.

Decided January 8, 1992.

Attorney(s) appearing for the Case

Brian J. MacRitchie, Bend, argued the cause, for appellants. With him on the briefs was Merrill, O'Sullivan, MacRitchie & Petersen, Bend.

William M. Holmes, Bend, argued the cause, for respondents. With him on the brief was Gray, Fancher, Holmes, Hurley, Bryant & Lovlien, Bend.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Defendants appeal from a judgment1 ordering them to remove their "mobile home" from their property because it violates a restrictive covenant. On de novo review, we reverse.

Plaintiffs and defendants are present owners of real property in the Indian Ford Meadows subdivision in Sisters. Defendant Johnston purchased property in the subdivision in early 1976. Restrictive...

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