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WHITE v. VOGT

08C22773; A145286.

308 P.3d 356 (2013)

258 Or. App. 130

Evan D. WHITE and Patricia A. White, Plaintiffs-Appellants, v. Jared VOGT and Crystal Vogt, property owners; and City of Salem, a municipal corporation, Defendants-Respondents, and Kevin Stone, Contractor, Defendant.

Court of Appeals of Oregon.

Decided August 14, 2013.

Attorney(s) appearing for the Case

Deryl K. Nielsen and Deryl K. Nielsen, P.C., filed the briefs for appellants.

Daniel A. Hill and Adams, Hill & Hess filed the brief for respondents Jared Vogt and Crystal Vogt.

Kenneth S. Montoya , Assistant City Attorney, filed the brief for respondent City of Salem.

Before ARMSTRONG, Presiding Judge, and HADLOCK, Judge, and BREWER, Judge pro tempore.

HADLOCK, J.

Plaintiffs brought this action alleging violations of several provisions of the Salem Revised Code (SRC) stemming from excavation and construction of a home and a retaining wall on property that adjoins and lies downhill from their property. Defendants are Jared and Crystal Vogt, who own the neighboring property, Kevin Stone, the contractor who performed the excavation and construction, and the City of Salem. Plaintiffs asserted claims for declaratory...

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