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WITTEN v. MURPHY

8589; CA A27786.

692 P.2d 715 (1984)

71 Or.App. 511

In the matter of the Application of Marjorie WITTEN, Walter L. Shrofe, Betty J. Shrofe, William T. Smith and Jack Carl for a Way of Necessity. Marjorie Witten, Walter L. Shrofe, Betty J. Shrofe, William T. Smith and Jack Carl, Respondents, v. Phillip MURPHY and Giannina Murphy, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided December 19, 1984.

Reconsideration Denied February 8, 1985.

Attorney(s) appearing for the Case

Milo Pope, Mount Vernon, argued the cause for appellants. With him on the briefs was Kilpatricks & Pope, Mount Vernon.

Hugh K. Cole, Jr., Eugene, argued the cause and filed the brief for respondents.

Before GILLETTE, P.J., and YOUNG and ROSSMAN, JJ.

YOUNG, Judge.

This is a proceeding to establish a statutory way of necessity. ORS 376.150-376.200. The county court granted petitioners a way across defendants' land.1 The Circuit Court affirmed, ORS 376.175(4), and defendants appeal. The question is whether petitioners have carried their burden to show that they have no "existing enforceable access to a public road," 376.180(8), and that they could not "acquire an easement for access...

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