OLSON v. VAN HORN

99CV0453, 99CV0461; A111308.

48 P.3d 860 (2002)

182 Or.App. 264

Lars E. OLSON and Edith L. Olson, Respondents, v. Gloria Jean VAN HORN, Appellant. Gloria J. Van Horn, Appellant, v. Lars Olson and Edith L. Olson, Respondents.

Court of Appeals of Oregon.

Decided June 19, 2002.


Attorney(s) appearing for the Case

Jonathan M. Radmacher, Portland, argued the cause for appellant. With him on the briefs was McEwen, Gisvold, Rankin, Carter & Streinz, LLP.

William A. McDaniel argued the cause for respondents. With him on the brief was Foss, Whitty, Littlefield, McDaniel & Bodkin, LLP.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.


WOLLHEIM, J.

In these actions for injunctive relief and declaratory judgment, the trial court ruled that the placement of defendant's home violated the terms of an easement.1 Consequently, the trial court ordered defendant's home to be removed from the easement. Defendant appeals and argues that the unambiguous terms of the easement allow plaintiffs access to defendant's property to maintain the height of vegetation but do not prohibit...

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