LEAHY v. POLARSTAR DEVELOPMENT, LLC

05CV0592ST, A133144.

195 P.3d 919 (2008)

223 Or. App. 373

Mike LEAHY and Julie Leahy, husband and wife, Plaintiffs-Respondents, v. POLARSTAR DEVELOPMENT, LLC, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 29, 2008.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellant.

John A. Berge, Bend, argued the cause for respondent. With him on the brief was Bryant, Lovlien & Jarvis, P.C.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and SCHUMAN, Judge.


ARMSTRONG, J.

Defendant appeals a declaratory judgment stating that the conditions, covenants, and restrictions (CCRs) attached to a plat of land in Deschutes County preclude further subdivision or partition of the platted land, and an injunction enjoining defendant and future owners from seeking subdivision or partition of the land. Defendant seeks a reversal of that judgment, arguing that (1) the trial court erred by concluding that the CCRs are ambiguous as to...

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