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TAYLOR v. McCOLLOM

90-2095-E-2; CA A70190.

849 P.2d 1123 (1993)

119 Or. App. 1

Bruce F. TAYLOR and Susan L. Taylor, husband and wife, Appellants, v. Stewart McCOLLOM and Ann McCollom, husband and wife, Virginia W. Cotton and Peter W. Cotton, Respondents.

Court of Appeals of Oregon.

Decided March 31, 1993.

Attorney(s) appearing for the Case

Carlyle F. Stoutt III, Medford, argued the cause and filed the briefs for appellants.

A.E. Piazza, Medford, argued the cause for respondents Stewart McCollom and Ann McCollom. With him on the brief was Piazza & Piazza, Medford.

Robert E. Bluth, Medford, argued the cause for respondents Virginia W. Cotton and Peter W. Cotton. With him on the brief were William V. Deatherage and Frohnmayer, Deatherage, Pratt, Jamieson & Turner, P.C., Medford.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

RICHARDSON, Chief Judge.

Plaintiffs brought this action against defendants, alleging that the height of the house that defendants McCollom built on property adjoining plaintiffs' obstructed their view, in violation of the restrictive covenants for the subdivision. Plaintiffs also alleged that Peter Cotton1 made misrepresentations to them about the prospective height of the as yet unbuilt McCollom house at the time plaintiffs purchased...

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