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ALBRECHT v. EMMERT

A173594.

535 P.3d 785 (2023)

327 Or. App. 465

Gene ALBRECHT, an individual; James Dunn, an individual; and Eastmoreland Racquet Club Estates Homeowners' Association, Inc., an Oregon domestic non-profit corporation, Plaintiffs-Respondents, v. Terry W. EMMERT, an individual, and Courts Connection, LLC, an Oregon domestic limited liability company, Defendants-Appellants, and Delta Development Company, an Oregon domestic limited liability company et al., Defendants.

Court of Appeals of Oregon.

August 16, 2023.

Attorney(s) appearing for the Case

Geoffrey B. Silverman argued the cause for appellants. Also on the briefs was The Law Office of Geoffrey B. Silverman, LLC.

Christopher P. Koback argued the cause for respondents. Also on the brief was Hathaway Larson LLP.

Before Mooney, Presiding Judge, and Lagesen, Chief Judge, and Pagán, Judge.

Defendants Terry W. Emmert and Courts Connection, LLC, (Emmert)1 appeal from a Declaratory Judgment and Injunction that, among other things, declared that the legal nonconforming use of their Southeast Portland property (the property) as a private tennis club had been lost, enjoined them from operating...

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