CLATSOP CTY. DIKING v. ASTORIA MARINE CONST.

CC84-822; CA A35547.

719 P.2d 1321 (1986)

79 Or.App. 650

CLATSOP COUNTY DIKING DISTRICT NO. 5, Respondent, v. ASTORIA MARINE CONSTRUCTION CO., an Oregon corporation, Appellant.

Court of Appeals of Oregon.

Decided June 4, 1986.


Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellant. With him on brief were George C. Fulton, and Anderson, Fulton & Van Thiel, Portland, and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Philip L. Nelson, Astoria, argued the cause and filed brief for respondent.

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


WARREN, Judge.

Plaintiff, a local diking district, owns an easement across property belonging to defendant Astoria Marine Construction Co. It seeks a declaratory judgment that it is entitled to raise the height of existing levees built on the easement and to construct an additional levee on a portion of the easement where no levee currently exists. The trial court granted plaintiff's motion for summary judgment, and defendant appeals. We reverse and remand.

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