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SEID v. ROSS

A8910-05972; CA A69470.

853 P.2d 308 (1993)

120 Or. App. 564

Jerry SEID and Amelia Seid, husband and wife, Respondents, v. Lou ROSS, Respondent, and Thomas Chun, Appellant.

Court of Appeals of Oregon.

Decided June 2, 1993.

Reconsideration Denied August 4, 1993.

Attorney(s) appearing for the Case

William H. Stockton, Hillsboro, argued the cause and filed the briefs for appellant.

Chris P. Ledwidge, Portland, argued the cause and filed the brief for respondents Seid.

Michael J. Gentry, Portland, waived appearance for respondent Ross.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

DEITS, Judge.

This is an action in equity for a mandatory injunction. Defendant Chun1 appeals from an order requiring him to remove a concrete block retaining wall and fence located on the common boundary line between his and plaintiffs' residential properties. We review de novo.

Plaintiffs and Chun are the owners of adjacent residential lots, located one above the other on a terraced slope. Plaintiffs own the property below...

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