GRANT COUNTY v. MASCALL

9542; CA A41507.

738 P.2d 1392 (1987)

86 Or.App. 532

GRANT COUNTY, Appellant, v. Lillian MASCALL, Respondent, Ronald A. Miller, N. Joyce Miller, Joe Riley, James B. Bahrenberg, Candace Bahrenberg, Milan Uppendahl and Donna Uppendahl, Defendants.

Court of Appeals of Oregon.

Decided July 22, 1987.


Attorney(s) appearing for the Case

J. Marshall Gilmore, John Day, argued the cause and filed brief, for appellant.

David B. Hydes, John Day, argued the cause and filed the brief, for respondent.

Before JOSEPH, C.J., and RICHARDSON and WARREN, JJ.


PER CURIAM.

In this declaratory judgment action plaintiff county appeals from the portion of the judgment holding that neither it nor the public have acquired a prescriptive easement over certain roads located on property owned by defendant Mascall. We find that the evidence did not clearly or convincingly establish an open and notorious use of defendant's land, adverse to her rights, for a continuous and uninterrupted period of 10 or more years. See Thompson v...

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