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CONNER v. LUCAS

92-2045; CA A83675.

920 P.2d 171 (1996)

141 Or. App. 531

Daniel J. CONNER and Paula J. Conner, Appellants, v. Helen LUCAS by and through the ESTATE OF Helen LUCAS, Estate of Barnie Lucas and M. Burke Rice, Respondents. Helen LUCAS and Estate of Barnie Lucas, Counterclaim Plaintiffs, v. Daniel J. CONNER and Paula J. Conner, Counterclaim Defendants.

Court of Appeals of Oregon.

Decided June 26, 1996.

Attorney(s) appearing for the Case

Jacob Tanzer argued the cause for appellants. With him on the briefs was Ball, Janik & Novak, Portland.

David J. Sweeney argued the cause for respondents. On the brief were Paul G. Dodds and Brownstein, Rask, Arenz, Sweeney, Kerr & Grim, Portland.

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

EDMONDS, Judge.

Plaintiffs appeal from a judgment quieting title to a disputed area of real property in respondents and extinguishing an easement for a roadway across the area. We affirm in part and reverse in part.

The disputed area is on Mt. Neahkahnie in Tillamook County. Respondents Barney and Helen Lucas (Lucases) owned a large area on the mountain, including the disputed area. Over the years, they divided their property into separate parcels and sold...

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