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JANTZEN BEACH ASSOCIATES v. JANTZEN DYNAMIC

0011-12284; A118541.

115 P.3d 943 (2005)

200 Or. App. 458

JANTZEN BEACH ASSOCIATES, LLC, an Oregon limited liability company, Respondent-Cross-Appellant, v. JANTZEN DYNAMIC CORPORATION, an Oregon corporation; MBK Northwest, a Washington limited partnership; and Circuit City Stores, Inc., a Virginia corporation, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided July 6, 2005.

Attorney(s) appearing for the Case

William H. Walters, Portland, OR, argued the cause for appellants-cross-respondents. With him on the briefs were Bruce A. Rubin, and Miller Nash LLP.

William A. Drew, Portland, OR, argued the cause for respondent-cross-appellant. With him on the briefs were Ingrid S. Sprangle, and Elliott, Ostrander & Preston, P.C.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

EDMONDS, P.J.

This is an appeal from a judgment awarding plaintiff damages of $750,000 on its claim of assumpsit against defendants.1 Plaintiff's claim arose from defendants' violation of a restrictive covenant that prohibited interference with the visibility of plaintiff's land from North Hayden Island Drive in Portland. The trial court concluded that defendants had been unjustly enriched as a result of their violation of the covenant...

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