Zerr v. HECETA LODGE NO. 111, IND. ORDER OF ODD F.

This is an action to recover the possession of real property to compel, by writ of restitution, the removal of an adjacent building owned by defendant to the extent that it encroaches upon plaintiffs’ property.

Defendant’s answer alleged various equitable defenses, including the defense that equity should deny plaintiffs’ request for removal of the encroachment because to do so would impose upon defendant a “disproportionate burden.” Defendant’s answer also alleged the defenses of estoppel, reformation and rescission. In addition, defendant contends that a writ of restitution is not a proper…