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TOKARSKI v. WILDFANG

A169165.

496 P.3d 22 (2021)

313 Or. App. 19

Larry E. TOKARSKI and Terry J. Kelly, Plaintiffs-Respondents, v. Donald WILDFANG; Ben C. Fetherston, Jr.; James West; Joshua Morrow; Audrey Konold; Richard Fry; and Creckside Homeowners Association, Inc., Defendants-Appellants,

Court of Appeals of Oregon.

July 8, 2021.

Attorney(s) appearing for the Case

Klarice A. Benn , Portland, argued the cause for appellants Donald Wildfang, Ben C. Fetherston, Jr., James West, Joshua Morrow, Audrey Konold, and Richard Fry. Also on the briefs was Abbott Law Group, P.C.

Jonathan Henderson , Portland, argued the cause for appellant Creekside Homeowners Association, Inc. Also on the briefs were Patrick C. Wylie and Davis Rothwell Earle & Xóchihua, P.C.

C. Robert Steringer , Portland, argued the cause for respondents. Also on the brief were James E. Mountain, Jr. , Erica R. Tatoian , and Harrang Long Gary Rudnick P.C.

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

Plaintiffs Tokarski and Kelly own lots in the Golf Course Estates at Creekside in Salem and are members of defendant Creekside Homeowners Association, Inc. (HOA). In 2016, the HOA initiated a civil suit against entities owned by plaintiffs to prevent those entities from closing the golf course that gave the Golf Course Estates their...

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