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SCHOENEMAN v. MEYER

83-1191; CA A34300.

715 P.2d 100 (1986)

78 Or.App. 89

Harold R. SCHOENEMAN and Bernice M. Schoeneman, Husband and Wife, Appellants, v. Robert F. MEYER and Isabel Meyer, Husband and Wife, and Edward M. Sorensen and Ann M. Sorensen, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided February 26, 1986.

Attorney(s) appearing for the Case

Thomas J. Reuter, Lebanon, argued the cause for appellants. With him on the brief was Morley, Thomas, Kingsley & Reuter, Lebanon.

A. Gregory McKenzie, Oregon City, argued the cause for respondents Robert F. Meyer and Isabel Meyer. With him on the brief was Canning, Tait & McKenzie, P.C., Oregon City.

No appearance for defendants Edward M. Sorensen and Ann M. Sorensen.

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

WARREN, Judge.

This is a declaratory judgment action in which plaintiffs, the Schoenemans, seek a declaration of their rights and those of defendants in a gateway established in 1978 as a statutory way of necessity pursuant to former ORS 376.105 et seq1 (repealed by Or. Laws 1979, ch. 862, § 12). The gateway2 served defendants Sorensen's landlocked property and ran across defendants...

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