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STATE DEPT. OF FISH AND WILDLIFE v. KORTGE

CC84-148; CA A37038.

733 P.2d 466 (1987)

84 Or.App. 153

STATE of Oregon, by and through the Department of Fish and Wildlife, Appellant — Cross-Respondent, v. Kenneth W. KORTGE, Helena M. Kortge, Iva Judith Kortge, Julie Kortge Testa, Linnea Kortge Sohler, and Kenneth C. Kortge, Respondents — Cross-Appellants.

Court of Appeals of Oregon.

Decided March 4, 1987.

Reconsideration Denied April 24, 1987.

Attorney(s) appearing for the Case

David Schuman, Asst. Atty. Gen., Salem, argued the cause, for appellant — cross-respondent. With him on brief, were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

R.L. Marceau, Bend, argued the cause, for respondents — cross-appellants. With him on brief, was Dennis C. Karnopp, Bend.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

Plaintiff brought this action for a declaratory judgment to establish that it could use a parcel of real property it had purchased "for recreation by the general public so long as that use does not unreasonably interfere with defendants' rights" and an injunction prohibiting defendants from posting and enforcing "No Trespassing" signs. Defendants, whose predecessors in title originally conveyed the property to plaintiff's predecessor in title...

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