ARRIEN v. LEVANGER


502 P.2d 573 (1972)

Andrew J. ARRIEN, Respondent, v. Ross LEVANGER, Appellant.

Supreme Court of Oregon, In Banc.

Decided November 10, 1972.


Attorney(s) appearing for the Case

William D. Cramer, Burns, argued the cause for appellant. With him on the briefs were Cramer, Gronso & Pinkerton, Burns.

H. Clifford Looney, Vale, argued the cause for respondent. With him on the brief were Swan, Butler & Looney, Vale.


Argued and Submitted at Pendleton, May 1, 1972.

O'CONNELL, Chief Justice.

This is a suit to enjoin defendant from trespassing upon plaintiff's land by the seasonal flooding of his land, and to recover damages for the alleged trespass. As an affirmative defense, defendant claims a prescriptive easement to flood plaintiff's land. The trial court granted the relief sought by plaintiff. Defendant appeals. The only issue on appeal is whether defendant acquired...

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