BRAAT v. AYLETT


564 P.2d 1030 (1977)

278 Or. 549

Application of Arnold BRAAT, for a way of necessity. Arnold Braat, Respondent, v. J.W. AYLETT and Juanita Aylett, Husband and Wife, Appellants.

Supreme Court of Oregon.

Decided May 31, 1977.


Attorney(s) appearing for the Case

Milo Pope, Milton-Freewater, and Roy Kilpatrick, Mt. Vernon, argued the cause and filed a brief for appellants.

Arnold Braat, Boardman, argued the cause and filed a brief pro se.

Before DENECKE, C.J., and HOWELL, BRYSON, LENT, LINDE and CAMPBELL, JJ.


Argued and Submitted at Pendleton, May 2, 1977.

PER CURIAM.

This is the second time that this proceeding involving a way of necessity to and from petitioner's land has been before this court. The previous appeal involved the question of whether petitioner's land constituted a farm under ORS 376.105 et seq. The trial court held that petitioner's land qualified as a farm and was therefore entitled to a way of necessity to and from the land. On appeal, we affirmed...

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