BOYD v. QUICK

CV 85-891; CA A38536.

740 P.2d 212 (1987)

86 Or.App. 561

James B. BOYD and Janet A. Boyd, Husband and Wife, Respondents, v. Norma Lou QUICK, Third Party Plaintiff-Appellant, Pacificorp, Formerly Pacific Power & Light Company, a Maine Corporation, Third Party Defendant.

Court of Appeals of Oregon.

Decided July 29, 1987.


Attorney(s) appearing for the Case

Harold A. Fabre, Pendleton, argued the cause and filed the brief for third party plaintiff-appellant.

Joel S. DeVore, Pendleton, argued the cause for respondents. With him on the brief was Mautz, Hallman & DeVore, Pendleton.

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


RICHARDSON, Judge.

Plaintiffs brought this action for declaratory and injunctive relief, contending that, under an easement for "electrical facilities" which was reserved by defendant Quick's (defendant) grantor and of which plaintiffs are the assignees, they are entitled to construct parts of a hydroelectric power generating facility and a diversion weir on defendant's property. The trial court allowed plaintiffs' motion for summary judgment, and defendant appeals...

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