Palmer v. Johnston

Defendants appeal from a judgment 1 ordering them to remove their ‘ ‘mobile home’ ’ from their property because it violates a restrictive covenant. On de novo review, we reverse.

Plaintiffs and defendants are present owners of real property in the Indian Ford Meadows subdivision in Sisters. Defendant Johnston purchased property in the subdivision in early 1976. Restrictive covenants for the subdivision were executed in August, 1976. 2 After defendants’ marriage, they purchased a “manufactured home” 3 and moved it to their property in spring, 1987. Plaintiffs filed a complaint in January, 1990,…