KELL v. OPPENLANDER

95-2017; CA A95069.

961 P.2d 861 (1998)

154 Or. App. 422

Reed KELL, Appellant, v. Rayella OPPENLANDER, Respondent, and City of Seaside, Oregon; Jim O'Brien, Executive Officer, Building and Permit Department, City of Seaside, Defendants.

Court of Appeals of Oregon.

Decided June 10, 1998.


Attorney(s) appearing for the Case

David B. Harris, Portland, argued the cause and filed the brief for appellant.

Wendy M. Margolis, Portland, argued the cause for respondent. With her on the brief were Thomas W. Brown and Cosgrave, Vergeer & Kester, LLP.

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


LINDER, Judge.

In this action to quiet title,1 the dispute turns on the interpretation of an express easement. Plaintiff and defendant filed cross-motions for summary judgment, essentially asking the trial court to determine whether actions taken by defendant triggered the easement's termination clause as a matter of law. The court granted summary judgment for defendant. Plaintiff appeals and we reverse.

In August 1988, plaintiff...

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