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on the river behind and down a hill from the residence. The
residence was a two-story house with approximately 2,200 square
feet per floor. The first floor was a daylight basement used by
the previous owner to store automobiles. The houseboat and the
dock were connected to petitioner’s property by a rundown
gangway. The houseboat, the dock, and the gangway were in a poor
and dangerous condition.
Shortly after petitioner purchased the property, petitioner
and VVI entered into a lease agreement for $1,000 a month to
provide VVI with access from petitioner’s residence to the
houseboat and the dock, the use of his utilities, and the use of
his parking lot, boat, and jet skis for advertising and
promotional purposes.3 VVI also rented the first floor of
petitioner’s residence for $700 a month to store goods.
In 1995, petitioner and VVI removed the dilapidated
houseboat and the dock and hired a contractor to build a new
houseboat, a 100-foot dock, and a floating garage (floating
structures). Construction of the floating structures was
completed in the spring of 1996, and they were placed into
3 The $1,000 a month also allowed access to petitioner’s
tennis court and an enclosed area where corporate guests could
place their children so they would be safe from accidently
falling into the Willamette river.
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Last modified: November 10, 2007