Legal Opinion
Swanson v. Warner
Court of Appeals of Oregon
Decided December 22, 1993No. C920702CV; CA A77825PublishedCited by 8 opinions
1Opinion of the Court
*526LANDAU, J.
Plaintiffs appeal the dismissal of their breach of contract and nuisance claims. ORCP 21(A)(8). We affirm.
In reviewing a motion to dismiss for failure to state a claim, we assume the truth of all well-pleaded allegations and all reasonable inferences favorable to plaintiff that may be drawn from them. Glubka v. Long, 115 Or App 236, 238, 837 P2d 553 (1992); Machunze v. Chemeketa Community College, 106 Or App 707, 712, 810 P2d 406, rev den 312 Or 16 (1991).
The parties are neighbors who are subject to a restrictive covenant that provides, in relevant part:
“No fence or boundary wall on…
2Cases cited9 opinions
- Hay v. Oregon Department of TransportationOregon Supreme Court · 1986
- Oregon School Employees Ass'n v. Rainier School District No. 13Oregon Supreme Court · 1991
- Swaggerty v. PetersenOregon Supreme Court · 1977
- Glubka v. LongCourt of Appeals of Oregon · 1992
- MacHunze v. Chemeketa Community CollegeCourt of Appeals of Oregon · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Oregon RSA No. 6, Inc. v. Castle Rock Cellular of Oregon Ltd. PartnershipCourt of Appeals for the Ninth Circuit · 1996
- Williams v. WiseCourt of Appeals of Oregon · 1996
- Turudic v. StephensCourt of Appeals of Oregon · 2001
- Oregon Rsa No. 6, Inc. v. Castle Rock Cellular of Oregon Limited Partnership, a Colorado Limited Partnership Cellular, Inc., a Colorado Corporation, Pacific Telecom Cellular, Inc., a Delaware Corporation, Oregon Rsa No. 6, Inc. v. Castle Rock Cellular of Oregon Limited Partnership, a Colorado Limited Partnership Cellular, Inc., a Colorado Corporation, Pacific Telecom Cellular, Inc., a Delaware Corporation, Oregon Rsa No. 6, Inc. v. Castle Rock Cellular of Oregon Limited Partnership, a Colorado Limited Partnership, and Pacific Telecom Cellular, Inc., a Delaware Corporation, Oregon Rsa No. 6, Inc. v. Castle Rock Cellular of Oregon Limited Partnership, a Colorado Limited Partnership Cellular, Inc., a Colorado Corporation, Oregon Rsa No. 6, Inc. v. Castle Rock Cellular of Oregon Limited Partnership, a Colorado Limited Partnership Cellular, Inc., a Colorado Corporation Pacific Telecom Cellular, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1996
- Brown v. BenstonCourt of Appeals of Oregon · 1997
3 more not listed; retrieve them via the Exa API.