CHAPMAN v. PERRON

8973; CA A30072.

685 P.2d 492 (1984)

69 Or.App. 445

In the Matter of John R. and Barbara J. Chapman's Petition for a Statutory Way of Necessity to Allow Access to Tax Lot 501, S17, T1, Nr 10 E Hood River County, Oregon. John R. Chapman and Barbara J. Chapman, Appellants—Cross-Respondents, v. Duane PERRON and Carol Perron, Respondents—Cross-Appellants.

Court of Appeals of Oregon.

Decided August 8, 1984.


Attorney(s) appearing for the Case

Thomas L. Mason, Portland, argued the cause and filed the briefs for appellants—cross-respondents.

Larry H. Blakely, Hood River, argued the cause for respondents —cross-appellants. With him on the brief was Parker, Abraham, Bowe, Jaques & Blakely, Hood River.

Bruce E. Anderson, Lake Grove, filed a brief amicus curiae.

David C. Baum, LaGrande, filed a brief amicus curiae.

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


WARREN, Judge.

Plaintiffs filed a petition for a statutory way of necessity across land owned by defendants. The trial court found that, although the petition would "probably" be granted on the facts, with a modification of the proposed route, the current statute, as amended in 1979, violates Article I, section 18, of the Oregon Constitution, because it does not require a "finding" that the public, as well as the petitioner, needs to have ingress and egress to the...

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