The Oregon Court of Appeals affirmed the trial court judgment confirming the owners of the Creekside Golf Course expressly retained the right under the recorded covenants, conditions, and restrictions to “modify, expand, contract, discontinue, convert, transfer, or sell the golf course or related facilities.” The Court of Appeals further affirmed the award of attorney fees to the defendant, Creekside Golf Course, LLC and the trial court’s finding of fact and conclusion of law that the owners of the golf course did not represent to any lot owner that the golf course would be maintained by the course owner in the future.
The trial court team was led by Hunter Emerick and Dan Reynolds, and was supported by the real estate and land use attorneys, Mark Shipman and Alan Sorem, of Saalfeld Griggs. On appeal C. Robert Steringer, James E. Mountain, and Erica R. Tatoian of Harrang Long Gary Rudnick P. C represented the Creekside Golf Course. We thank Lawrence Tokarski and Terry Kelly for the opportunity to represent them on this important property rights matter. The opinion may be reviewed at: https://cdm17027.contentdm.oclc.org/digital/collection/p17027coll5/id/30514/rec/1.
Hunter B. Emerick is Managing Partner of Saalfeld Griggs and a partner in the Litigation Practice Group. Daniel S. Reynolds is an associate in the Litigation Practice Group. Mark D. Shipman and Alan M. Sorem are partners in the Real Estate and Land Use Practice Group. The information in this article is not intended to provide legal advice. For professional consultation, please contact Hunter, Dan, Mark, or Alan at Saalfeld Griggs PC. 503.399.1070. © 2021 Saalfeld Griggs PC