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CITY OF ASHLAND v. HARDESTY

543 P.2d 41 (1975)

CITY OF ASHLAND, a Municipal Corporation, Respondent, v. Harold C. HARDESTY et al., Appellants.

Court of Appeals of Oregon.

Decided December 8, 1975.

Attorney(s) appearing for the Case

Gerald J. Scannell, Jr., Ashland, argued the cause for appellants. With him on the brief was Allen G. Drescher, Ashland.

William G. Carter, Medford, argued the cause for respondent. With him on the brief were Grant, Ferguson & Carter, Medford.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

FORT, Judge.

This is a suit for declaratory judgment in which the plaintiff, the City of Ashland, seeks a ruling that, in addition to certain deeded rights-of-way it possessed, it acquired by prescription an easement giving it a right-of-way across the defendants' properties from the public street to the city's sewage treatment plant. The trial court found that the city had acquired such an easement and one of the defendant...

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