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HANNEMAN v. JONES

No. 24643; CA 14571.

609 P.2d 912 (1980)

45 Or.App. 1005

Craig HANNEMAN and Kathleen Hanneman, Respondents, v. J. Christopher JONES and Mary Lou Jones, Appellants.

Court of Appeals of Oregon.

Decided April 21, 1980.

Attorney(s) appearing for the Case

Paul J. Lipscomb, Salem, argued the cause for appellants. With him on the briefs was Blair, MacDonald, Jensen & Lipscomb, Salem.

Stephen T. Janik, Portland, argued the cause for respondents. With him on the brief was Charles F. Adams, Portland.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.

JOSEPH, Presiding Judge.

Plaintiffs brought this declaratory judgment suit, seeking, first, a declaration of rights under an easement executed by plaintiffs' predecessors in title, the Gibsons, and defendants' predecessors in title, the McAllisters; and second, a permanent injunction against defendants' further use of plaintiffs' property under claim of the easement. Both parties moved for summary judgment pursuant to former ORS 18.105. The court granted plaintiffs...

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