BROCKMILLER v. ALDRICH

No. 78-31; CA 14176.

615 P.2d 1086 (1980)

47 Or.App. 835

Helen S. BROCKMILLER, Maxine A. Reed and Linda L. Reed, Respondents, v. James H. ALDRICH and Mrs. James H. Aldrich, Appellants.

Court of Appeals of Oregon.

Decided August 18, 1980.


Attorney(s) appearing for the Case

Maurice V. Engelgau, Coquille, argued the cause for appellants. With him on the brief was Engelgau & Hogan, P.C., Coquille.

Richard A. Stark, Medford, argued the cause and filed the brief for respondents.

Before SCHWAB, C.J., and THORNTON and RICHARDSON, JJ.


THORNTON, Judge.

Plaintiffs brought suit in equity in the circuit court to establish an easement over defendant's lands for road and utilities purposes.

Following a two-day trial the court gave an oral opinion from the bench holding that plaintiffs were entitled to the easement as prayed for in their complaint. The complaint set forth four theories for relief: implied reservation of easement, covenants running with the land for utility purposes, estoppel,...

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