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McDONALD v. HALVORSON

A8508-05317; CA A42945.

760 P.2d 263 (1988)

92 Or.App. 478

Thomas A. McDonald, and Michael Lynch, Appellants, v. Carl HALVORSON; Little Whale Cove Homeowners' Association, Inc., an Oregon Non-Profit Corporation, and Halvorson-Mason Corp., an Oregon Corporation, Respondents, and State of Oregon, by and through the State Land Board and the Department of Transportation, Appellant, v. CARL HALVORSON; LITTLE WHALE COVE HOMEOWNERS' ASSOCIATION, Inc., an Oregon Nonprofit Corporation, and Halvorson-Mason Corp., an Oregon Corporation, Defendants, Carl Halvorson; Little Whale Cove Homeowners' Association, Inc., an Oregon Nonprofit Corporation, and Halvorson-Mason Corp., an Oregon Corporation, Plaintiffs, v. THOMAS A. MCDONALD, Michael Lynch, William McDonald, Lindsay, Hart, Neil & Weigler, a Partnership, Defendants.

Court of Appeals of Oregon.

Decided August 10, 1988.

Attorney(s) appearing for the Case

Robert C. Shoemaker, Portland, argued the cause for appellants Thomas A. McDonald and Michael Lynch. With him on the briefs were Jack L. Landau, and Lindsay, Hart, Neil & Weigler, Portland.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for appellant State of Or. With her on the briefs were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Kurt Burkholder, Asst. Atty. Gen., Salem.

Garry P. McMurry, Portland, argued the cause and submitted the briefs for respondents.

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

ROSSMAN, Judge.

This dispute arose between plaintiffs, the owners of property on a portion of the Oregon Coast known as "Big Whale Cove," and defendants, the owners of adjacent property to the north on which "Little Whale Cove" is situated, over whether each had access to the other's cove.1

Plaintiffs brought this lawsuit seeking to quiet title against defendants' claim of a prescriptive easement over a trail on plaintiffs' land...

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