Jantzen Beach Associates, LLC v. Jantzen Dynamic Corp.

This is an appeal from a judgment awarding plaintiff damages of $750,000 on its claim of assumpsit against defendants.1 Plaintiffs claim arose from defendants’ violation of á restrictive covenant that prohibited interference with the visibility of plaintiffs land from North Hayden Island Drive in Portland. The trial court concluded that defendants had been unjustly enriched as a result of their violation of the covenant, and, accordingly, awarded damages to plaintiff. Defendants appeal, and plaintiff cross-appeals. We reverse on appeal and therefore do not reach the cross-appeal.

We first…