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Turudic v. Stephens dba Susan Estates Residents' Association

Oregon Court of Appeals

31 P.3d 465 (2001)

Relevant factsFree

The Turudics (plaintiffs) built a secure outdoor pen for their two pet cougars after moving into a subdivision, but the homeowners' association (defendant) invoked the subdivision's nuisance covenant (excluding 'normal or reasonable' residential property use) to order the cougars removed, without explanation rejecting the Turudics' offer to add further security features and denying their permit application; the trial court found no objective basis to consider the cougars unsafe, but nonetheless upheld the removal order on the ground that keeping cougars was incompatible with residential use. The Turudics appealed.

IssueFree

Whether enforcement of restrictive subdivision covenants must be reasonable and non-capricious.

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