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PIKE v. WYLLIE

87-12-0515CV; CA A49488.

785 P.2d 764 (1990)

100 Or.App. 120

In the matter of the Application of Victor PIKE and Zola Pike, Husband and Wife, for Way of Necessity. Victor Pike, Petitioner-Appellant-Cross-Respondent, and Zola Pike, Petitioner-Cross-Respondent, v. Laurie WYLLIE and Julie Weikel, Objectors-Respondents-Cross-Appellants.

Court of Appeals of Oregon, In Banc.

Decided January 17, 1990.

Resubmitted December 6, 1989.

Attorney(s) appearing for the Case

Allen L. Johnson, Eugene, argued the cause for petitioner-appellant-cross-respondents. With him on the briefs was Johnson & Kloos, Eugene.

David B. Hydes, John Day, argued the cause and filed the brief for objectors-respondents-cross-appellants.

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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