MARTIN v. KLAMATH CTY.

No. 77-362E; CA 10718.

592 P.2d 1037 (1979)

39 Or.App. 455

Lura MARTIN, Appellant, Cross-Respondent, v. KLAMATH COUNTY, Oregon, Respondent, Cross-Appellant.

Court of Appeals of Oregon.

Decided April 2, 1979.


Attorney(s) appearing for the Case

Richard B. Thierolf, Jr., Klamath Falls, argued the cause and filed the brief for appellant, cross-respondent.

James R. Uerlings, Klamath County Deputy Dist. Atty., Klamath Falls, argued the cause and filed the brief for respondent, cross-appellant.

Before THORNTON, P.J., and LEE and GILLETTE, JJ.


THORNTON, Presiding Judge.

Plaintiff brought suit against defendant Klamath County to quiet title to a strip of land 60 feet wide and approximately 450 feet long, which had previously been used by the public as a roadway. Following a trial on the merits, the circuit court denied relief and dismissed plaintiff's complaint. Plaintiff appeals, assigning as error: (1) failure of the court to find nonuser and common law abandonment by defendant, and (2) the holding by...

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