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WAYT v. BUERKEL

CV 91-06-34255; CA A78430.

875 P.2d 499 (1994)

128 Or. App. 222

Robert S. WAYT, Respondent, v. Donald G. BUERKEL, Appellant, and Powder Valley Water Control District, Respondent.

Court of Appeals of Oregon.

Decided May 25, 1994.

Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause, for appellant. With him on the briefs was Robert T. Mautz.

Douglas E. Hojem, Pendleton, argued the cause, for respondent Robert S. Wayt. With him on the brief were Patricia Sullivan and Corey, Byler, Rew, Lorenzen & Hojem.

No appearance, for respondent Powder Valley Water Control Dist.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Defendant Buerkel appeals a declaratory judgment in favor of plaintiff Wayt.1 He assigns error to the trial court's holding that plaintiff was entitled to a pro rata share of water pursuant to an irrigation contract and addendum to that contract, and that an appurtenant easement by implication exists in favor of plaintiff's property for the delivery of the water through a pipeline on defendant's property.

In 1972...

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