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KRAMER v. DALTON CO., LLC

C071896CV; A138774.

234 P.3d 1008 (2010)

235 Or. App. 494

Maru KRAMER and Jeffrey Kramer, Plaintiffs-Respondents, v. The DALTON COMPANY, LLC; Dalton Construction, Inc.; The LF Dalton Gang, LLC; and Len Dalton, Defendants, and Steven Dalton, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 9, 2010.

Attorney(s) appearing for the Case

Stephen A. Redshaw argued the cause for appellant. With him on the briefs was Stoel Rives LLP.

Mark McCulloch, Portland, argued the cause for respondents. With him on the brief were Keith Shepherd and Powers, McCulloch & Bennett, LLP.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

This case involves the interpretation of restrictive covenants that govern certain lots in a residential development known as Equestrian Heights. Plaintiffs and defendant own different parts of Lot 4 in that development; plaintiffs own the southern part, and defendant owns the northern part. On his part, defendant proposed to build a water treatment facility, retaining wall, and parking spaces, in order to benefit row houses that he intended to build as...

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