Rodgers v. Reimann
Oregon Supreme Court
361 P.2d 101 (1961)
- Written by Carolyn Strutton, JD
Facts
Dr. and Mrs. Lebold and Mr. and Mrs. Willett were neighbors who owned adjoining lots on Kingwood Drive in Salem, Oregon. The Lebolds and the Willetts also jointly owned the lot directly across the street from the Lebolds’ lot, Lot 11. The Lebolds sold their solely owned lot to Mr. and Mrs. Rodgers (plaintiff) in 1957. In 1959, the Lebolds and the Willetts sold their jointly owned Lot 11 to Mr. and Mrs. Reimann (defendants). The contract for the sale of Lot 11 included a covenant that restricted the maximum height at which the floor level of any house constructed on the lot could be built. The Reimanns began building a house on the lot. The Reimanns’ neighbors across the street, the Rodgers, sued the Reimanns to enforce the building restriction included in the Lot 11 sale contract. The lower court dismissed the Rodgers’ complaint, and the Rodgers appealed.
Rule of Law
Issue
Holding and Reasoning (O’Connell, J.)
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