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TOOKER v. FEINSTEIN

91-3362-E-3; CA A78452.

886 P.2d 1051 (1994)

131 Or. App. 684

John Cleven TOOKER, Appellant, v. Ellis FEINSTEIN and Patricia Feinstein, husband and wife, Respondents.

Court of Appeals of Oregon.

Decided December 14, 1994.

Review Denied February 14, 1995.

Attorney(s) appearing for the Case

Mildred J. Carmack, Portland, argued the cause for appellant. With her on the briefs was Schwabe, Williamson & Wyatt.

Ervin B. Hogan, Medford, argued the cause for respondents. With him on the brief were Joseph E. Kellerman and Blackhurst, Hornecker, Hassen.

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

LANDAU, Judge.

Plaintiff appeals a judgment declaring that defendants may maintain a retaining wall that they constructed within their driveway easement across plaintiff's property. On de novo review, ORS 19.125(3), we affirm in part and reverse in part.

Plaintiff and defendants own adjoining lots in the High Oaks Subdivision in the City of Medford. The lots are situated on a hill, with defendants' lot uphill from plaintiff's. By deed and subdivision...

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