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MORGAN v. HART

16-93-04500; CA A87969.

920 P.2d 1148 (1996)

142 Or. App. 303

Bruce S. MORGAN, Respondent, v. David E. HART, Kevin Paige Hart, David A. Halladey and Barclays American Mortgage Corporation, Respondents. In the Matter of Way of Necessity, Bruce S. MORGAN, Respondent, v. Laurence E. THORP and M.M. Thorp, Al King and Denise King, Terry D. Thomas and Virginia L. Thomas, Elwood A. George, Robin L. Rutherford and P.M. Rutherford, Appellants. David E. HART, Kevin Paige Hart, Respondents, v. Bruce S. MORGAN, Respondent. Laurence E. THORP and M.M. Thorp, Al King and Denise King, Terry D. Thomas and Virginia L. Thomas, Elwood A. George, Robin L. Rutherford and P.M. Rutherford, Appellants, v. Bruce S. MORGAN, Respondent.

Court of Appeals of Oregon.

Decided July 24, 1996.

Attorney(s) appearing for the Case

G. David Jewett, Springfield, argued the cause for appellants. On the briefs were Douglas R. Wilkinson and Thorp, Purdy, Jewett, Urness & Wilkinson, P.C.

Harold D. Gillis, Eugene, argued the cause and filed the brief for respondent Bruce S. Morgan.

No appearance by respondents David E. Hart and Kevin Paige Hart.

No appearance by respondent David A. Halladey.

No appearance by respondent Barclays American Mortgage Corporation.

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

PER CURIAM.

Plaintiff sought access over defendants' land to a public road under theories of an express easement, a prescriptive easement, and a way of necessity. Over plaintiff's objections, the trial court1 ordered that the Lane County surveyor proceed with preparing the report provided in ORS 376.160 before the court decided the first two claims. Because that report proposed that the way of necessity be partly over appellants' land...

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