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LITTLE WHALE COVE HOMOWNERS v. HARMON

(973640; CA A102208)

986 P.2d 616 (1999)

162 Or. App. 332

LITTLE WHALE COVE HOMEOWNERS ASSOCIATION, INC., an Oregon corporation, Appellant-Cross-respondent, v. Stanley D. HARMON and Bette G. Harmon, Trustees of the Harmon Living Trust, Respondents-Cross-appellants and First American Title, an Oregon corporation, Trustee of a Deed of Trust dated September 11, 1995; and Chase Manhattan Personal Financial Services, a division of Chase Manhattan Mortgage Corporation, Beneficiary of said Deed of Trust, Defendants. Stanley D. Harmon and Bette G. Harmon, Third-party Plaintiffs, v. Carl Halvorson, Judith Harkness and Lillan Crom, Third-party Defendants.

Court of Appeals of Oregon.

Decided August 11, 1999.

Attorney(s) appearing for the Case

Garry P. McMurry, Portland, argued the cause and filed the briefs for appellant-cross-respondent.

James L. Murch, Salem, argued the cause for respondents-cross-appellants. With him on the briefs was Sherman, Sherman & Murch.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

KISTLER, J.

Plaintiff, a homeowners association, fined defendants, two of its members, for applying to the city for a variance. Plaintiff placed a lien on defendants' property in the amount of the fine and then brought this action to foreclose the lien. On cross-motions for summary judgment, the trial court ruled that the applicable covenants did not prevent defendants from asking the city for a variance. It also ruled that defendants could not recover their attorney...

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