City of Salem v. Furlott

The City of Salem brought an action seeking a mandatory injunction against defendants to require them to remove a portion of a building encroaching on Sunnyside Road. Defendants asserted two affirmative defenses: estop-pel by abandonment and equitable estoppel. After a trial on the merits, the trial court found in favor of defendants. We review de novo,1 ORS 19.125(3), and reverse.

The facts of this case are essentially not in dispute. In 1974, defendants purchased the subject property from its previous owners for use as a furniture repair and refinishing shop. The previous owners used the…