VALENTI v. HOPKINS

90CV-0323-TM; CA A74166.

883 P.2d 882 (1994)

131 Or. App. 100

John G. VALENTI and Margaret M. Valenti, Appellants-Cross-Respondents, v. Benjamin T. HOPKINS and Susan Hopkins, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided October 26, 1994.


Attorney(s) appearing for the Case

James E. Mountain, Jr., Salem, argued the cause for appellants-cross-respondents. With him on the reply brief were Milo R. Mecham and Harrang Long Watkinson Laird & Rubenstein, P.C. On the opening brief was James W. Walton.

Barry L. Adamson, Portland, argued the cause for respondents-cross-appellants. With him on the briefs was Michael W. Peterkin, Bend.

Before ROSSMAN, P.J., and LANDAU and LEESON, JJ.


LANDAU, Judge.

This is an action to enforce restrictive covenants in a residential subdivision. Plaintiffs appeal from the trial court's denial of their request for injunctive relief requiring defendants to move or modify their house so as not to obstruct plaintiffs' view of the mountains. Defendants cross-assign error to the trial court's failure to dismiss plaintiffs' action. They also cross-appeal, contending that the award of attorney fees is inadequate.

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