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RENDLER v. LINCOLN CO.

TC 41260; CA A32003; SC S32431.

728 P.2d 21 (1986)

302 Or. 177

Victor H. RENDLER, and Pearl G. Rendler, Husband and Wife; Glen L. Bacon and Marjorie G. Bacon, Husband and Wife; J.F. Howard and Mary B. Howard, Husband and Wife; Mark E. Peterson; Associated Northwest Construction, Incorporated, a Washington Corporation; Vernetta P. Caldwell; Craig W. Tomlinson and Ruby M. Tomlinson, Husband and Wife; James H. Kane and Dorothy Kane, Husband and Wife, Petitioners On Review, Lloyd E. Anicker and Edith L. Anicker, Husband and Wife; Virgil L. Danielson; Gwendolyn Peterson; Stanley R. Kurilo; Roger E. Kurilo; and James B. Gahley and Maxine E. Gahley, Husband and Wife, Plaintiffs, v. LINCOLN COUNTY, a Political Subdivision of the State of Oregon; Lincoln County Board of Commissioners, G.E. Stuart; Bob Deskins; R.D. Jantzi; and Carl Sanders, Lincoln County Tax Assessor, Respondents On Review, and the Committee to Save Yachats 804 Trail, Inc., an Oregon Corporation, Respondent On Review.

Supreme Court of Oregon.

Decided November 12, 1986.

Attorney(s) appearing for the Case

Harold D. Gillis, Eugene, argued the cause and filed the petition for petitioners on review.

Nancy Craven, Lincoln County Legal Counsel, Newport, argued the cause for respondents on review, Lincoln County, et al.

Richard Benner, Portland, argued the cause for respondent on review, The Committee to Save Yachats 804 Trail, Inc.

Before LENT, P.J., and LINDE, CAMPBELL, CARSON and JONES, JJ.

LINDE, Justice.

Plaintiffs, landowners in Lincoln County, filed suit against the county for a declaration that an unimproved county road, known as "804," had been vacated or abandoned. The circuit court allowed The Committee to Save Yachats 804 Trail, Inc. ("the committee"), to intervene and to file a counterclaim for a declaratory judgment that County Road 804 continues to exist, that it is a "public easement by prescription," and that "the public has a prescriptive...

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