Shipler v. Van Raden

The questions presented by this appeal are whether defendants breached certain restrictive covenants, thereby causing injury to plaintiffs’ view, and whether attorney fees should have been awarded to defendants. Plaintiffs are the owners of a lot within an ocean front subdivision known as Kiwanda Shores. Defendant Lewelling Corporation is the common grantor and defendants Van Raden are the owners of the lot immediately to the north of plaintiffs’. Plaintiffs sought both damages and a prohibitory injunction barring the construction of a dwelling on the Van Raden lot, contending that it would…