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WARD v. JARNPORT

A8909-05347; CA A69022.

835 P.2d 944 (1992)

114 Or. App. 466

Gary WARD and Barbara Ward, husband and wife, Appellants, v. Ted JARNPORT and Esther Jarnport, husband and wife; Allen Mathany and Julie Mathany, husband and wife; Larry Hansen and Shirley Hansen, husband and wife, Defendants-Third-party Plaintiffs-Respondents, and Barbara Crandall, Third-Party Defendant.

Court of Appeals of Oregon.

Decided August 5, 1992.

Reconsideration November 4, 1992.

Attorney(s) appearing for the Case

Robert J. Miller, Sr., Beaverton, argued the cause for appellants. With him on the brief were Brien F. Hildebrand and Moomaw, Miller & Reel, Beaverton.

Ralph Spooner, Salem, argued the cause for respondents. With him on the brief was Spooner & Much, Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

Plaintiffs appeal from a summary judgment dismissing their complaint. We affirm.

Since 1979, plaintiffs have owned property adjacent to and downhill from property that, since 1986, has been owned by defendants.1 Their dispute stems from the actions of previous property owners. In 1964, plaintiffs' predecessor-in-interest constructed an eight-foot-high wall along the upper boundary of the property. Defendants' predecessor...

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