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LEE v. MAGNUSON

78-7734; CA A23342.

660 P.2d 1095 (1983)

62 Or.App. 400

Ronald LEE and Maxine Lee, husband and wife, Respondents-Cross-Appellants, Anthony Guardalabene and Jeannine Guardalabene, husband and wife, Monte Webb and Jennirose Webb, husband and wife, and Shirley Larsen, Respondents, v. Conrad O. MAGNUSON and Laura E. Magnuson, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided March 30, 1983.

Attorney(s) appearing for the Case

Harold D. Gillis, Eugene, argued the cause and filed the briefs for appellants-cross-respondents.

Daniel H. Rosenhouse, Portland, argued the cause for respondents and respondents-cross-appellants. With him on the brief was Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

This declaratory judgment action was brought to determine plaintiffs' right to use an airstrip which is owned by defendants and abuts the separate properties of plaintiffs.

Plaintiffs Guardalabene, Webb and Larsen purchased their tracts from defendants pursuant to land sale contracts which provide that "Purchaser will have rights to use existing airplane runway subject to payment of annual...

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