Alloway v. Moyer

This is a suit in equity to restrain defendant from building a house on his lot in contravention of a building restriction as to height or, in the alternative, for damages for violation of the restriction. Defendant appeals from a decree for plaintiffs requiring him to remodel his house to comply with the restriction or to pay damages.

Plaintiffs were the original owners of all the property in question. They platted it and subsequently defendant came into ownership of one of the lots. The property was situated on a hillside to the south of the City of Eugene, defendant’s lot being immediately…