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VALENTI v. HOPKINS

CC 90-CV-0323-TM; CA A74166; SC S42001.

926 P.2d 813 (1996)

324 Or. 324

John G. VALENTI and Margaret M. Valenti, Respondents on Review, v. Benjamin T. HOPKINS and Susan Hopkins, Petitioners on Review.

Supreme Court of Oregon.

Decided November 21, 1996.

Attorney(s) appearing for the Case

John R. Faust, Jr., of Schwabe, Williamson & Wyatt, Portland, argued the cause for petitioners on review. With him on the briefs was Michael W. Peterkin, Bend.

James E. Mountain, Jr., of Harrang Long Gary Rudnick P.C., Salem, argued the cause and filed the briefs for respondents on review.

Jon A. Chandler, Lake Oswego, filed a brief on behalf of amicus curiae Oregon State Home Builders Association.

Ray W. Shaw, Joel L. Augee, and Melinda Iresta Roy, Salem, filed a brief on behalf of amicus curiae Oregon Association of Realtors.®

Gerald A. Martin and C.E. Francis, Bend, filed a brief on behalf of amicus curiae Central Oregon Board of Realtors.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER, and DURHAM, JJ.

VAN HOOMISSEN, Justice.

This is an action to enforce restrictive covenants in a residential subdivision. After the subdivision's architectural control committee (ACC) approved defendants' house plans, plaintiffs brought this action, asserting that defendants' construction would obstruct plaintiffs' view in violation of the subdivision's restrictive covenants. The trial court denied injunctive relief. The Court of Appeals gave no deference to the ACC's determination...

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