MONTAGNE v. ELLIOTT

90-382-L-2; CA A79522.

923 P.2d 1344 (1996)

143 Or. App. 498

Edward J. MONTAGNE and Luella R. Montagne, husband and wife, and Alan G. Pake and Marilyn M. Pake, husband and wife, Lee Weisel and Joann Weisel, husband and wife, Respondents, v. James F. ELLIOTT and Betty J. Elliott, husband and wife, Defendants-Appellants, Roger F. West and Jane R. West, husband and wife, Defendants-Respondents, Thomas F. Coleman and Mildred K. Coleman, husband and wife, and Richard Ireland, Defendants.

Court of Appeals of Oregon.

Decided September 18, 1996.


Attorney(s) appearing for the Case

Thomas C. Howser, Ashland, argued the cause for appellants. With him on the brief was Howser & Munsell, P.C.

Robert E. Bluth, Medford, argued the cause for respondents. With him on the brief was Frohnmayer, Deatherage, Pratt, Jamieson & Clarke, P.C.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


RIGGS, Presiding Judge.

Plaintiffs brought this action for declaratory and injunctive relief, seeking to determine the scope and status of alleged easements and a county-approved "way" over defendants Elliotts' property and to enjoin Elliotts from interfering with plaintiffs' access to their property. Elliotts sought a determination that the way is invalid and in the alternative filed a cross-claim against Ireland, plaintiffs' and defendants' predecessor in interest...

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