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SCOTT v. CURTIS

87-6-6; CA A60251.

798 P.2d 248 (1990)

103 Or.App. 389

Jon and Deborah SCOTT, Respondents, v. James and Alice CURTIS, Tom Seal, and Terry Valentine, Appellants, Gary R. Colby and Charlotte L. Colby, Husband and Wife; and James E. Paulson and Sandra Paulson, Husband and Wife, Intervenors-Appellants, and Ken and Laura Hoverkamp; Kenneth Valentine; Robert and Patricia Hoverkamp; and Carrie Carlson, Defendants.

Court of Appeals of Oregon.

Decided September 12, 1990.

Reconsideration Allowed December 4, 1990.

Attorney(s) appearing for the Case

Ilene Nessenson-Pickard, Portland, argued the cause for appellants. With her on the briefs was Kennedy, Bowles & Towsley, Portland.

Richard Lee Barton, Portland, argued the cause for respondents. With him on the brief was Barton & Loennig, Portland.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Appellants appeal the trial court's judgment quieting title to respondents' property, through which appellants assert there is an easement. On de novo review, we reverse.

Plaintiffs and all appellants are successors in interest to property that was owned at one time by Melvin and Elva Kathan. Plaintiffs own Tax Lot 905, through which the purported easement runs. Appellants are neighbors...

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