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BUTLER FAMILY LTD. v. BUTLER BROTHERS

A157038.

388 P.3d 1135 (2017)

283 Or. App. 456

BUTLER FAMILY LIMITED PARTNERSHIP, an Oregon limited partnership, Plaintiff-Respondent, v. BUTLER BROTHERS, LLC, an Oregon limited liability company; and Butler Ranch, Inc., an Oregon corporation, Defendants, and KNIFE RIVER CORPORATION Northwest, an Oregon corporation, Defendant-Appellant.

Court of Appeals of Oregon.

January 25, 2017.

Attorney(s) appearing for the Case

Michael W. Peterkin , Bend, argued the cause for appellant. With him on the briefs was Peterkin & Associates.

Matthew T. Parks argued the cause for respondent. With him on the brief was Parks & Ratliff, P.C.

Before Duncan, Presiding Judge, and DeVore, Judge, and Flynn, Judge.

This appeal involves a dispute over a restrictive covenant in a lease agreement between defendant and plaintiff's predecessor-in-interest. According to defendant, that covenant unambiguously restricts mining operations on plaintiff's property; whereas, according to plaintiff, the covenant unambiguously does not bind plaintiff...

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