Warren v. Del Pizzo

Plaintiffs brought suit for declaratory and injunctive relief to determine the validity of an amendment to the Declaration of Restrictions for a 25-lot subdivision in east Multnomah County known as Lachenview. The amendment purported to eliminate height restrictions contained in the original declaration.

Following cross motions for summary judgment, the trial court held that the amendment eliminating the height restriction was valid. Plaintiffs appeal from that decree, assigning as error the following:

1) Concluding that the original restriction permitted amendment of the height restriction;

2)…