SUNSET LAKE WATER SERV. DIST. v. REMINGTON

No. CC76-460; CA 12690.

609 P.2d 896 (1980)

45 Or.App. 973

THE SUNSET LAKE WATER SERVICE DISTRICT A MUNICIPAL CORPORATION OF THE STATE OF OREGON, Respondent, v. Ruth Bower REMINGTON, Also All Other Persons and Parties Unknown Claiming Any Right, Title, Estate, Lien or Interest in the Real Property Described Herein, Appellants.

Court of Appeals of Oregon.

Decided April 21, 1980.


Attorney(s) appearing for the Case

Paul G. Robeck, Portland, argued the cause for appellants. On the briefs was Gary M. Bullock, Portland.

Lewis Littlehales, Clatsop County Counsel's Office, Astoria, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.


BUTTLER, Presiding Judge.

In this declaratory judgment proceeding, plaintiff, a water service district created to provide water to the residents of Sunset Beach, seeks a declaration that it has the right to lay water lines under the streets located within the townsite of Sunset Beach, platted in 1907 by N.W. Bower, now deceased. Defendants are the heirs of N.W. Bower, who claim that they have the exclusive right to use the streets for that purpose.

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