POMERENKE v. GEARIN

No. 80-3596-NJ-2; CA A22207.

663 P.2d 42 (1983)

62 Or.App. 740

Robert L. POMERENKE and Linda A. Pomerenke, husband and wife, Respondents, v. Neil GEARIN and Glenda Gearin, husband and wife, Appellants.

Court of Appeals of Oregon.

Decided April 27, 1983.


Attorney(s) appearing for the Case

Lee A. Mills, Medford, argued the cause for appellants. With him on the briefs was Brophy, Wilson & Duhaime, Medford.

Frank R. Alley III, Medford, argued the cause for respondents. With him on the brief was Heffernan, Fowler, Alley & McNair, Medford.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Defendants appeal from a decree that permanently enjoins them from interfering with plaintiffs' use of an easement of record over defendants' land. Defendants assert that the trial court erred in granting the injunction, because plaintiffs' suit was barred by a decree in a prior suit between these parties quieting title in defendants. We reverse.

The facts are undisputed. The parties are adjoining landowners. (See diagram.) In 1978, plaintiffs...

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