WAGNER v. O'CALLAGHAN

88-2996; CA A61741.

800 P.2d 309 (1990)

104 Or.App. 284

Jacob C. WAGNER and Rosa Lee A. Wagner, Husband and Wife, Appellants, v. Michael O'CALLAGHAN and Theresa R. O'Callaghan, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided November 7, 1990.


Attorney(s) appearing for the Case

Allyn E. Brown, Newberg, argued the cause for appellants. With him on the briefs was Brown, Tarlow & Berry P.C., Newberg.

Eugene K. Richardson, Newport, argued the cause for respondents. With him on the brief was Richardson, Ouderkirk & Hollen, Newport.

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


DEITS, Judge.

Plaintiffs are the owners of a one-acre parcel of real property in Lincoln County identified as Tax Lot 601. Their lot is bordered by the Salmon River on the north, by property owned by the Dyers on the west and by Tax Lot 600, owned by defendants, on the south and east. See the Appendix. Plaintiffs' parcel has access to Oregon Highway 18 by a 10-foot roadway easement on the southern and western boundaries of defendants' property. Plaintiffs contend...

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