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ARANA v. PERLENFEIN

94C-12214; CA A96142.

964 P.2d 1125 (1998)

156 Or. App. 15

John A. ARANA and Jeanne L. Arana, husband and wife, Respondents, v. Steven PERLENFEIN, Appellant, and Richard D. Lee and Marilyn J. Lee, husband and wife, Luella J. Knapp, United States National Bank of Oregon, a National Banking Association, as Trustee for the Estate of Rodney C. Steinke, A. Henry Ruechel, Trustee of the A. Henry Ruechel Revocable Living Trust, and Miesen Oil Company, an Oregon corporation, Defendants.

Court of Appeals of Oregon.

Decided September 9, 1998.

Attorney(s) appearing for the Case

Dennis V. Messoline, Salem, argued the cause and filed the briefs for Appellant.

David A. Hilgemann, Salem, argued the cause for Respondents. With him on the brief was Graves & Hilgemann.

Before EDMONDS, P.J., and ARMSTRONG, J., and WARDEN, Senior Judge.

EDMONDS, Presiding Judge.

Steven Perlenfein appeals from a judgment granting John and Jeanne Arana a prescriptive easement through an alley on Perlenfein's real property. Perlenfein argues that Aranas did not prove the requisite elements necessary to establish a prescriptive easement by clear and convincing evidence. On de novo review, ORS 19.415(3), we reverse.

Aranas and Perlenfein own property in Salem.1 An alley runs...

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