GARZA v. GRAYSON


467 P.2d 960 (1970)

Dan R. GARZA and Norma M. Garza, Respondents, v. Jeffrey L. GRAYSON and Jane R. Grayson, Appellants.

Supreme Court of Oregon.

Decided April 15, 1970.


Attorney(s) appearing for the Case

Justin N. Reinhardt, Portland, argued the cause and filed briefs for appellants.

Richard H. Muller, Portland, argued the cause for respondents. On the brief were Tamblyn, Muller & Marshall, Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, HOLMAN and TONGUE, JJ.


O'CONNELL, Justice.

This is a declaratory judgment proceeding in which plaintiffs seek a declaration establishing the existence of an easement over defendants' land for the construction and maintenance of a service line serving plaintiff's adjoining land. The case was tried without a jury. Defendants appeal from a decree granting the relief sought by plaintiffs.

Bjorn Gadeholt was the owner of Lots 579 and 580 in Lake View Villas, a subdivision in Lake Oswego...

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