Donaca v. Ivall

Both parties appeal from the judgment of the trial court awarding plaintiffs nominal damages for defendant’s violation of the Declaration of Restriction to which the properties owned by both are subject.

Plaintiffs have lived in their home since 1974 when it was built for them. Defendant purchased a lot across the street from plaintiffs in 1976 and began to build a home on that lot in January, 1977. Much of the property in the area, including defendant’s lot, is hilly and steep. It is desirable, however, because of the view of the Tualatin Valley and coastal range which it affords. Defendant’s…