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JOHNSON v. BECKER

930798; CA A84772.

903 P.2d 901 (1995)

137 Or. App. 258

Douglas R. JOHNSON and Patricia A. Johnson, Appellants, v. Millard M. BECKER and Evelyn Becker, husband and wife, and also all other persons or parties unknown claiming any right, title, lien or interest in the property described in the complaint herein, Respondents. Millard M. BECKER and Evelyn Becker, husband and wife, Counterclaim Respondents, and Edward PERKINS; Kelly McNamara; James Perkins; Mary Perkins; Robert Perkins; Theresa Perkins; Marsh Perkins; Thomas Lorentz; Germaine Ius; Pete Lombard; Robert Alton and Linda Alton, Third-Party Respondents, v. Douglas R. JOHNSON and Patricia A. Johnson, Counterclaim Appellants.

Court of Appeals of Oregon.

Decided October 11, 1995.

Attorney(s) appearing for the Case

Stephen C. Palmer and Dennis J. Wine, Lincoln City, argued the cause and filed the brief for appellants. With Stephen C. Palmer on the reply brief was Wine & Weller.

Lee M. Hess, Portland, argued the cause for respondents. With him on the brief was Becker, Hunt & Hess.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

ARMSTRONG, Judge.

Plaintiffs appeal from a judgment declaring that the public has acquired a prescriptive easement across plaintiffs' property and enjoining plaintiffs and their successors in interest from obstructing use of the easement as a roadway. Plaintiffs contend the trial court erred in finding that the prescriptive use was continuous for the statutory period of ten years. We review de novo, ORS 19.125(3),...

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