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LOWENTHAL v. STANLEY

87-1258-C; CA A60092.

795 P.2d 595 (1990)

102 Or.App. 568

Dennis LOWENTHAL and Susan Lowenthal, Husband and Wife, Appellants, v. Mary K. STANLEY, Defendant, and Warren Z. Biden and Philip Thompson, Respondents.

Court of Appeals of Oregon.

Decided July 25, 1990.

Attorney(s) appearing for the Case

Thomas A. Davis, Portland, argued the cause, for appellants. With him on the brief, was Smith & Davis, Portland.

Timothy R. Volpert, Portland, argued the cause, for respondents. With him on the brief, were Phillip C. Querin and Ragen, Tremaine, Krieger, Schmeer & Neill, Portland.

Before GRABER, P.J. Pro Tem., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Plaintiffs appeal the award of attorney fees to defendants. We reverse.

Plaintiffs own a house in Stanhurst, a residential housing development. Under one of the requirements of purchasing and building in Stanhurst, plaintiffs became bound to a Declaration of Protective Covenants, Conditions, Restrictions and Easements. The declaration imposes duties on owners with respect to landscaping. Plaintiffs became concerned that several landowners were...

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