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, which eliminated the height restriction in the Declaration.

The gravamen of plaintiffs’ complaint is found in paragraph XII which alleged:

"Plaintiffs contend that the height restrictions, which run with the land as part of a general plan of development, are not subject to amendment. Defendants Del Pizzo and Damron contend that they are subject to amendment.”

Plaintiffs prayed for a decree (1) declaring that…