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VAN ATTA v. STEPHANIE FRY, INC.

A161486.

434 P.3d 975 (2018)

295 Or. App. 465

Kathryn VAN ATTA and David Van Atta, Husband and Wife, Plaintiffs-Appellants, v. STEPHANIE FRY, INC., an Oregon Corporation, and River Valley Terrace, LLC, an Oregon Limited Liability Company, Defendants-Respondents.

Court of Appeals of Oregon.

December 19, 2018.

Attorney(s) appearing for the Case

William H. Sherlock , Eugene, argued the cause for appellants. Also on the briefs was Hutchinson Cox.

Daniel S. Reynolds , Salem, argued the cause for respondents. Also on the brief were Randall P. Sutton and Saalfeld Griggs PC.

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.

This is a case involving the application of covenants, codes, and restrictions (CC & Rs) to a Salem subdivision that was developed in two phases. At issue is whether those CC & Rs, which provide that "[t]his is a single family residential subdivision and no structures will be built...

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