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LIBERTY SAV. & LOAN v. A.L. BROADCASTING

89-2982-L3; CA A65362.

819 P.2d 760 (1991)

109 Or.App. 383

LIBERTY SAVINGS & LOAN ASSOCIATION, Appellant, v. A.L. BROADCASTING Corporation, Respondent.

Court of Appeals of Oregon.

Decided October 30, 1991.

Attorney(s) appearing for the Case

Jens Schmidt, Eugene, argued the cause for appellant. On the briefs were Rohn M. Roberts and Harrang, Long, Watkinson, Arnold & Laird, P.C., Eugene.

Maurice L. Russell, II, Salem, argued the cause for respondent. With him on the brief were Churchill, Leonard, Brown & Donaldson, Salem, and Alan B. Holmes and Holmes & Galpern, P.C., Medford.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

JOSEPH, Chief Judge.

Plaintiff appeals from a judgment dismissing its claim for equitable relief that would force defendant to remove a dish antenna from the roof of plaintiff's building. We review de novo, ORS 19.125(3), and reverse.

Plaintiff owns a 2-story commercial building in Medford. Defendant leased the second floor to operate a radio station. The lease provides:

"Section 8. MICROWAVE ANTENNA: Tenant shall have the right to place...

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