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TIPPERMAN v. TSIATSOS

93-12-35919; CA A86086.

915 P.2d 446 (1996)

140 Or. App. 282

Mark TIPPERMAN, dba McCoy Meadows Ranch, Appellant, v. William TSIATSOS and State of Oregon, by the Department of Fish and Wildlife, Respondents.

Court of Appeals of Oregon.

Decided April 17, 1996.

Attorney(s) appearing for the Case

Mark Tipperman, filed the briefs pro se for appellant. Steven J. Joseph and Joseph & Mendiguren, La Grande, filed the brief for respondent William Tsiatsos.

Phillip Schradle, Assistant Attorney General, waived appearance for respondent State of Oregon.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Plaintiff brought this declaratory judgment action to construe an easement on property located in Union County. We review de novo. ORS 19.125(3).

The easement was reserved in a 1909 deed executed by the Ayres, previous owners of part of the property now owned by defendant Tsiatsos (defendant).1 Defendant's family acquired the benefitted property in 1929. Plaintiff purchased the land burdened by the easement...

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