VOSSEN v. FORRESTER

951769; CA A96078.

963 P.2d 157 (1998)

155 Or. App. 323

Earl E. VOSSEN, Cleda E. Vossen, Chris Greenup, Susan Greenup, Kenneth C. Snow, Frances E. Snow, and Frank Leichleiter, Respondents, v. Norman M. FORRESTER, trustee for the Norman M. Forrester Trust, Appellant.

Court of Appeals of Oregon.

Decided August 5, 1998.


Attorney(s) appearing for the Case

Randall P. Sutton, Salem, argued the cause for appellant. With him on the briefs was Saalfeld, Griggs, Gorsuch, Alexander & Emerick, P.C.

Scott Beckstead, Waldport, argued the cause and filed the brief for respondents.

Before RIGGS, P.J., and LANDAU and WOLLHEIM, JJ.


RIGGS, Presiding Judge.

Defendant appeals the trial court's issuance of a mandatory injunction ordering him to remove all encroachments, including his home, from a 16-foot easement in plaintiffs' favor. On de novo review, ORS 19.425(3), we reverse and remand.

Defendant Norman Forrester bought a beachfront lot in Yachats in November 1993, after making inquiries of the city planner about whether a house could be built on the lot and receiving an affirmative...

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