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LINCOLN COUNTY v. BRUESCH

197 Or. 571 (1953)

254 P.2d 690

LINCOLN COUNTY v. BRUESCH

Supreme Court of Oregon.

Reversed March 18, 1953.

Attorney(s) appearing for the Case

Frank S. Sever, of Portland, argued the cause for appellant. With him on the briefs were Louis G. English, District Attorney, of Toledo, and William G. Hollen, of Newport.

Mark V. Weatherford argued the cause for respondent. On the brief were Weatherford & Thompson, of Albany.

Before LATOURETTE, Chief Justice, and WARNER, ROSSMAN, LUSK and PERRY, Justices.

REVERSED.

WARNER, J.

This is a suit by Lincoln county, a political subdivision of this state, to enjoin the defendant Joe Bruesch from trespassing upon the right of way of county road No. 520 and to require the defendant to remove all of his property and equipment therefrom. From a decree dismissing the complaint, the plaintiff county brings this appeal.

The county road in question is known as the South-side Yaquina road from Butler's to Theil creek...

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