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KING v. CLEMENTS

92CV2858CC; CA A83887.

923 P.2d 688 (1996)

143 Or. App. 462

In the Matter of the Petition of Leslie R. King, Ernestine E. King, Kenneth C. Thompson, Laura Etheleene Thompson, Gerald Freeland, Harold A. Springer, Helen L. Springer, Jack D. Dailey, K. Michael, Sr., Ethel L. Hamilton, Ivan A. Noah, Willy Elmer, Jr., Kathy Renee Hatton, Jimmie C. Wilson, Iona M. Wilson, H. Gus Underkofler, Esther Anne Underkofler, Gladys Hayzlett Shartner, George F. McNaughton, and Arlene E. McNaughton to Establish a Way of Necessity pursuant to ORS 376.150 to ORS 376.200. Leslie R. KING and Ernestine E. King, Respondents, v. Arthur CLEMENTS, Helen Clements, Michael Kinney, Katherine Kinney, Monty R. Elder, Lillian Elder, John McCune, and Gerald F. Freeland, Appellants, and Roland Theiss, Margaret Theiss, Helen M. Collins, B.L. Lebengood, and C.W. Lebengood, Defendants.

Court of Appeals of Oregon.

Decided September 11, 1996.

Attorney(s) appearing for the Case

Maurice L. Russell II, argued the cause for appellants. With him on the briefs were Julie Jones, Myrtle Creek, and Stephen H. Miller, Reedsport.

Andrew D. Johnson, Eugene, argued the cause for respondents. With him on the brief was Darryl E. Johnson, P.C.

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

HASELTON, Judge.

Defendants appeal, assigning error to the trial court's denial of attorney fees, following the parties' settlement of an easement dispute. We dismiss the appeal for lack of jurisdiction.

The procedural posture is convoluted. In November 1992, plaintiffs filed an action alleging alternative claims for declaration of a prescriptive easement or imposition of a way of necessity pursuant to ORS 376.150 et seq.1

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