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Given that posture, we are bound by the trial court's predicate factual determinations if there is any evidence to support them. The membership certificate provides, in part:“The rights of any owner of this Certificate are subject to the Articles of Incorporation and Bylaws of Class Harbor Association, Inc., and to all of the terms, covenants, conditions, and provisions, including rules and regulations adopted thereunder, contained in the Articles and the Bylaws. Factual Background and History of the Dispute The association is a nonprofit corporation that owns, operates, and maintains “Class Harbor,” a floating home moorage located on the submerged and submersible lands in the bed of North Portland Harbor (Oregon Slough).

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Pertinent to this appeal, at the time plaintiffs purchased their membership certificate, Article I, section 5, of the bylaws stated that “Class Harbor is a residential moorage.

The moorage consists of floating ramps, walkways and 24 slips in general conformity with the layout attached hereto as Exhibit ‘A.’ ” (Emphasis added.) Article VI, section 1, of the bylaws stated that the “moorage contains 24 slips, designated 1 through 24, as shown on Exhibit ‘A.’ * * * Slips numbered 13 through 24 are 28 feet wide and 40 feet long.” (Emphasis added.) Exhibit “A” to the bylaws was a drawing of the moorage, which depicted the respective “location” of the slips.

In designing their floating home, plaintiffs relied on Exhibit “A” of the bylaws, as well as their personal observations of the slip location and the measurements they took of slip 14.

On March 4, 2004, DSL notified the association by letter that it was in violation of its lease with DSL because its floating home moorage was trespassing over both the east- and west-end boundaries of its submerged land lease.

Association hereby grants to Member a license to exclusively occupy slip number in accordance with the terms and conditions of the Articles of Incorporation, the Bylaws, and such other rules and regulations as the Association through its Board of Directors, may from time to time adopt.“2.

Member covenants and agrees to promptly and faithfully comply with all such terms and conditions and hereby acknowledges that such prompt and faithful compliance is a condition precedent to the continuation of this License Agreement.“3.Termination, for any reason, of the Submerged Lands Sublease; or [c].Dissolution of the Association.”On July 31, 2000, plaintiffs purchased membership certificate number 14 from its previous owners for ,000.After purchasing the membership certificate and entering into the license agreement with the association, plaintiffs designed (and ultimately built) a floating home that specifically conformed to, and enhanced, the distinctive features of slip 14, including capturing the ventilation between the neighboring floating homes, blocking the sun by building screens and overhangs in particular locations, maximizing the open water views, and maximizing privacy by minimizing the view of the ramp, the mail area, and surrounding neighbors.Plaintiffs also built a large electrical box on the dock behind their home with the assistance of a contractor and painted it to match their floating home. The trial court granted plaintiffs relief on their quiet title and declaratory judgment claims and dismissed the association's counterclaim seeking declaratory and injunctive relief. The association is composed of a board of directors and “members.” A person automatically becomes a “member” of the association upon becoming the legal “owner” or contract purchaser of a “membership certificate.” Although the original members purchased their certificates from the association, subsequent members purchase them directly from the current certificate owner.


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