Hickman v. Six Dimension Custom Homes, Inc.

This is a suit for a mandatory injunction to remove three residences built in Clackamas County by defendant. Plaintiffs appeal from a decree for defendant.

The facts and exhibits which the court may consider are stipulated by the parties. Defendant is the owner of a tract that has been platted into a three lot subdivision. Access is via a 20-foot-wide private easement which connects the subdivision with a public street. Plaintiffs own and live upon property which is 113 feet from defendant’s subdivision. The only access to their property is by the public street which is the outlet for the…