Barrell v. Holmes

Defendant appeals from a judgment of civil contempt for failure to comply with a mandatory injunction. ORS SS.OlOdXe).1 He argues that the trial court erred, because there is no evidence that he acted with “bad intent’ ’ or that he wilfully violated the order.2 We reverse.

In November, 1987, the court enjoined defendant from violating the covenants and conditions of a subdivision that restricted the height of residences to one and one-half stories. It ordered him to remove portions of his house higher than that within 90 days. Defendant appealed to this court and filed a cost bond that stayed…