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F.N. REALTY SERVICES, INC. v. OR. SHORES RECREATIONAL CLUB

92-02433 CV; CA A83888.

891 P.2d 671 (1995)

133 Or. App. 339

F.N. REALTY SERVICES, INC., an active California corporation as trustee for Perla Development Company, Inc., an active Arizona corporation, Appellant, v. OREGON SHORES RECREATIONAL CLUB, INC., an active Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided March 8, 1995.

Review Denied June 20, 1995.

Attorney(s) appearing for the Case

John A. Berge, Bend, argued the cause for appellant. With him on the briefs was Holmes, Hurley, Bryant, Lovlien & Lynch.

William M. Ganong, Klamath Falls, argued the cause and filed the brief for respondent.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Plaintiff appeals from a declaratory judgment for defendant. The court held that provisions in the recorded Declarations of Restrictions of a subdivision created a lien in favor of defendant for annual assessments on lots within the subdivision. It further held that defendant's liens are superior to any interest of plaintiff or the interest of anyone claiming through plaintiff. We reverse.

The facts are undisputed.1

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