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WALDEN v. SCHAFFER

90-3303-E-2; CA A69331.

828 P.2d 1064 (1992)

112 Or. App. 638

Philip WALDEN and Pat Walden, husband and wife, Respondents, v. Andrea SCHAFFER, Appellant.

Court of Appeals of Oregon.

Decided April 22, 1992.

Attorney(s) appearing for the Case

Charles M. McNair, Medford, argued the cause for appellant. With him on the brief were Nathan J. Heath and Fowler, Alley & McNair, Medford.

Thomas C. Howser, Ashland, argued the cause for respondents. With him on the brief was Howser & Munsell, P.C., Ashland.

Before WARREN, P.J., JOSEPH, C.J., and EDMONDS, J.

PER CURIAM.

Defendant is the owner of a tract of land over which a nonexclusive easement for the benefit of plaintiffs was created by the parties' common grantor. Plaintiffs brought this proceeding to enjoin the use being made of the easement by defendant, and the trial court granted them a summary judgment.

The summary judgment record demonstrates unresolved questions of fact concerning the reasonableness of defendant...

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