Resubmitted In Banc December 6, 1989.
BUTTLER, Judge.
Petitioners filed a petition for a statutory way of necessity over a road that runs across objectors' land. ORS 376.150 to 376.200. The county court denied the petition. The circuit court reviewed de novo and granted the petition. However, it restricted the use of the way to the historical use by petitioners and expressly excluded use by anyone who might obtain any of petitioners' property through...
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