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KUHN v. HEERWAGEN

No. 31765; CA 13010.

604 P.2d 416 (1979)

43 Or.App. 755

Jerome A. KUHN and Kathleen L. Kuhn, Husband and Wife, Appellants, v. Eric P. HEERWAGEN, Mark P. Hubley and Even D. Evensan III, Tenants in Common; Marlyn Weaver; Robert Brown and Gene G. Brown, Husband and Wife; Catherine Elizabeth Botkin, Personal Representative of the Estate of Garton I. Botkin, Deceased; Catherine Elizabeth Botkin; George J. Alarcon and Darlene C. Alarcon, Husband and Wife; and Judeen O. O'Malley, Respondents.

Court of Appeals of Oregon.

Decided December 24, 1979.

Attorney(s) appearing for the Case

Gregory J. Christensen, Corvallis, argued the cause and filed the brief for appellants.

George B. Heilig, Corvallis, argued the cause and filed the brief for respondents Heerwagen, Hubley, Evensan, Weaver, Brown and Botkin.

No appearance for respondents Alarcon and O'Malley.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

LEE, Judge.

Plaintiffs sued for a declaratory judgment to nullify asserted easements on real property that plaintiffs had purchased in 1975; they also sought an injunction prohibiting use of the asserted easements by defendants. The trial court declared the easements valid and ordered defendants to conduct a survey to establish their exact boundaries. On appeal, plaintiffs assign five errors, which we discuss in two groups...

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