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STOTT v. STEVENS

91-2248; CA A77993.

873 P.2d 380 (1994)

127 Or. App. 440

Peter W. STOTT, L. John Harrington, James F. Wells, Kathryn E. Kendall, Josephine W. Hatfield, Walter T. Williamson, III, Judith A. Garling, William A. Jack and Evelyn J. Jack, as Trustees of the William A. Jack Family Trust, Susan U. Rick, John M. Ulrich, Warren J. Ulrich, Jr., and Jocelyn U. Groom, as Trustee of the Separate Property Trust of Jocelyn U. Groom, Appellants, v. Irving C. STEVENS and Jeannette E. Stevens, Husband and Wife, Respondents. Irving C. STEVENS and Jeannette E. Stevens, Husband and Wife, Third-Party Plaintiffs, v. CITY OF CANNON BEACH, State of Oregon, by and through its Division of State Lands, the Land Conservation and Development Commission, and Parks & Recreation Division, Third-Party Defendants.

Court of Appeals of Oregon.

Decided April 20, 1994.

Review Denied June 21, 1994.

Attorney(s) appearing for the Case

Jacob Tanzer, Portland, argued the cause for appellants. With him on the opening brief were Bruce W. DeKock and Ball, Janik & Novack. With him on the reply brief were Sarah J. Ryan, Bruce W. DeKock and Ball, Janik & Novack.

Garry P. McMurry, Portland, argued the cause for respondents. With him on the brief was Garry P. McMurry & Associates.

Before WARREN, P.J., and ROSSMAN and EDMONDS, JJ.

EDMONDS, Judge.

Plaintiffs appeal from an adverse judgment in their quiet title claim.1 They assign error to the court's ruling that, at the time their property was platted in 1910, the grantors reserved property between their property and the Pacific Ocean and that defendants are the owners of that property. On de novo review, ORS 19.125(3), we reverse.

Plaintiffs are the present owners of residential lots 2 through 9 in...

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