Legal Opinion

McKAY'S MARKET OF COOS BAY, INC. v. Pickett

Court of Appeals of Oregon

Decided April 11, 2007No. 160502948; A131198PublishedCited by 11 opinions

1Opinion of the CourtLandau, P. J.

In this action for declaratory and injunctive relief, the issue is whether defendant’s operation of a coffee “cart” violates a deed restriction that prohibits building a “building” on the property on which the cart is located and that requires the property to be used as a parking lot. The trial court concluded that the operation of the coffee cart does violate the deed restriction. One of the defendants appeals, arguing that the trial court should have construed the deed restriction narrowly in favor of the free use of the property. We affirm.

The relevant facts are not in dispute. The McKay…

2Cases cited5 opinions

  1. Yogman v. ParrottOregon Supreme Court · 1997
  2. Batzer Construction, Inc. v. John BoyerCourt of Appeals of Oregon · 2006
  3. Holloway v. Republic Indem. Co. of AmericaOregon Supreme Court · 2006
  4. Eagle Industries, Inc. v. ThompsonOregon Supreme Court · 1995
  5. Holloway v. Republic Indemnity Co. of AmericaOregon Supreme Court · 2006

3Cited by11 opinions

  1. Arnett v. Bank of AmericaDistrict Court, D. Oregon · 2012
  2. Apeldyn Corp. v. Eidos, LLCDistrict Court, D. Oregon · 2013
  3. Andrews v. Sandpiper Villagers, Inc.Court of Appeals of Oregon · 2007
  4. Shogun's Gallery, Inc. v. MerrillCourt of Appeals of Oregon · 2009
  5. Sollars v. City of MilwaukieCourt of Appeals of Oregon · 2008

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