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MULT. CO. v. UNION PAC. R.R.

Nos. A8008-04391, A23658.

662 P.2d 339 (1983)

MULTNOMAH COUNTY, Oregon, a Home Rule Political Subdivision of the State of Oregon, Respondent, v. UNION PACIFIC RAILROAD COMPANY, a Utah Corporation, Appellant.

Court of Appeals of Oregon.

Decided April 13, 1983.

Reconsideration Denied June 10, 1983.

Attorney(s) appearing for the Case

Jeff S. Asay, Portland, argued the cause for appellant. With him on the briefs were L. James Bergmann, Randall B. Kester and John F. Weisser, Portland.

Denise Francis, Asst. County Counsel, Portland, argued the cause for respondent. With her on the brief was John B. Leahy, County Counsel, Portland.

Before JOSEPH, C.J., and VAN HOOMISSEN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant (railroad) appeals a judgment declaring that Multnomah County (county) has a prescriptive easement for a public pedestrian grade crossing over the railroad right-of-way and enjoining the railroad from obstructing public use of the crossing. The railroad argues: (1) the county has no legal authority to acquire a public crossing over a railroad track by prescriptive easement; (2) in the absence of an order from the Public Utility Commission...

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