Hohman v. Royce M.

Defendants move for reconsideration of our opinion reversing the trial court’s denial of plaintiffs’ request for injunctive relief prohibiting defendants from building a house on defendants’ lot. 125 Or App 306, 865 P2d 1301 (1993). In our initial opinion, we applied a de novo standard of review as to all issues. Defendants argue that that was error as to their affirmative defense of waiver. We allow reconsideration and modify our opinion, but adhere to it.

In our opinion, we held that defendants did not demonstrate that plaintiffs had waived their right to enforce the restriction on…