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YOGMAN v. PARROTT

CC 94-4377; CA A89262; SC S43641.

937 P.2d 1019 (1997)

325 Or. 358

Peter H. YOGMAN and Diane E. Walker, husband and wife, Raymond C. Miller and Myrtle L. Miller, husband and wife, and Robert W. Knapp and Ruth E. Knapp, husband and wife, Petitioners on Review, v. Gregory A. PARROTT and Myra L. Parrott, husband and wife, Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided May 30, 1997.

Attorney(s) appearing for the Case

Judith N. Selich, Newport, argued the cause and filed the petition for petitioners on review.

Stephen F. Crew, of O'Connell Ramis Crew Corrigan & Bachrach, Portland, argued the cause for respondents on review. With him on the briefs was Gary Firestone.

GRABER, Justice.

Plaintiffs and defendants own houses in a beach-front subdivision in Lincoln County. Plaintiffs' and defendants' lots are subject to a set of restrictive covenants, among them the following:

"All lots within said tract shall be used exclusively for residential purposes and no commercial enterprise shall be constructed or permitted on any of said property."

Defendants use their beach house as a vacation home and, when they are not...

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