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MOUNTAIN HIGH HOMEOWNERS ASSN. v. J.L. WARD

03CV0451AB; A133744.

209 P.3d 347 (2009)

228 Or. App. 424

MOUNTAIN HIGH HOMEOWNERS ASSOCIATION, an Oregon non-profit corporation, Plaintiff-Respondent, v. J.L. WARD CO., an Oregon corporation; J.L. Ward Construction Co., Inc., an Oregon corporation, Defendants-Appellants.

Court of Appeals of Oregon.

Decided May 20, 2009.

Attorney(s) appearing for the Case

Brad S. Daniels, Portland, argued the cause for appellants. With him on the briefs were Gregory R. Mowe, James N. Westwood, and Stoel Rives LLP.

Richard S. Yugler, Portland, argued the cause for respondent. With him on the brief were Lisa T. Hunt, and Landye Bennett Blumstein LLP.

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

WOLLHEIM, P.J.

Plaintiff, Mountain High Homeowners Association, is the homeowners association of a residential planned urban community and subdivision in Deschutes County.1 Defendants, J.L. Ward Co. and J.L. Ward Construction Co., Inc., are the developers of Mountain High and the owners of Mountain High Golf Course,2 which is adjacent to, but not a part of, Mountain High. A dispute concerning the continued...

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