RealVest Corp. v. Lane County

Plaintiffs appeal and defendants, Lane County and its lessees, cross-appeal from the trial court’s judgment in this declaratory judgment proceeding. ORS 28.010-28.160. The trial court rendered a judgment for defendants, declaring that a deed restriction is not enforceable against the county’s property. Also, the trial court held that plaintiffs’ use of a driveway across the county’s property was subject to an implied dedication for public use, and it therefore refused to enjoin plaintiffs’ existing use. We review de novo, ORS 19.415(3) (2001). We affirm on both appeal and cross-appeal.

The…