SLAK v. PORTER

9207-04834; CA A77302.

875 P.2d 515 (1994)

128 Or. App. 274

Matthew SLAK and Karen Slak, Respondents, v. Donald R. PORTER and Clara Porter, Appellants.

Court of Appeals of Oregon.

Decided May 25, 1994.


Attorney(s) appearing for the Case

Stewart M. Whipple, Portland, argued the cause, for appellants. With him on the briefs were Charles F. Adams and Stoel Rives Boley Jones & Grey.

Lawrence J. Beck, Portland, argued the cause and filed the brief, for respondents.

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


LANDAU, Judge.

This action arises out of a dispute concerning the continuing existence of an easement over defendants' land. Plaintiffs brought suit to quiet title to the easement, for a declaratory judgment, and to permanently enjoin defendants from interfering with their use of the easement. Defendants counterclaimed to quiet title and to remove cloud from their title, on the theory that the easement had been extinguished by adverse possession. The trial court declared...

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