Schmitt Et Ux v. Culhane

(Pro Tempore)

This is an appeal by certain landowners in Tunnelwood Park, a platted subdivision, who with others were named defendants in a proceeding instituted in the circuit court of Multnomah county by plaintiffs, who were also landowners in the subdivision, and wherein plaintiffs seek a declaratory judgment with reference to the effect to be given a certain deed restriction purporting to affect the titles to most of the area included in the subdivision. The trial court by its judgment and decree found plaintiffs’ land to be free from the restriction. Hereafter when we refer to defendants…