McKAY'S MARKET OF COOS BAY, INC. v. PICKETT

160502948; A131198.

157 P.3d 291 (2007)

212 Or. App. 7

McKAY'S MARKET OF COOS BAY, INC., Plaintiff-Respondent, v. Faye R. PICKETT and Florence Auto Parts, Inc., Defendants, and JF's Investments, LLC, dba The Market Bin, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 11, 2007.


Attorney(s) appearing for the Case

Judith Giers, Eugene, argued the cause for appellant. With her on the briefs was Hershner Hunter, LLP.

David B. Shannon argued the cause for respondent. With him on the brief was Bertoni & Todd, Portland.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ORTEGA, Judge.


LANDAU, P.J.

In this action for declaratory and injunctive relief, the issue is whether defendant's operation of a coffee "cart" violates a deed restriction that prohibits building a "building" on the property on which the cart is located and that requires the property to be used as a parking lot. The trial court concluded that the operation of the coffee cart does violate the deed restriction. One of the defendants appeals, arguing that the trial court should have...

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