BROOKS v. BALLEW

87-1811-NJ-1; CA A47287.

768 P.2d 941 (1989)

95 Or.App. 373

Loren BROOKS and Juna Brooks, Husband and Wife, Appellants, v. Donald BALLEW, Respondent, and Sidney E. Ainsworth and Vincent Oredson, Defendants.

Court of Appeals of Oregon.

Decided February 22, 1989.


Attorney(s) appearing for the Case

Michael G. Balocca, Ashland, argued the cause for appellants. On the brief was Daniel L. Harris, Ashland.

Carlyle F. Stout III, Medford, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


PER CURIAM.

Plaintiffs, owners of property on which they operate a restaurant, appeal a judgment dismissing their claim for a prescriptive easement to use part of an adjacent property for customer parking. They originally sued Ballew, the current owner of the property, and Oredson, a previous owner, as well as Ainsworth, who was dismissed from the case. They first argue that the trial court erred in finding that they had ...

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