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FOSTER AUTO PARTS, INC. v. CITY OF PORTLAND

(960201274; CA A98658)

15 P.3d 573 (2000)

171 Or. App. 278

FOSTER AUTO PARTS, INC., an Oregon corporation, Respondent, v. CITY OF PORTLAND, Appellant.

Court of Appeals of Oregon.

Decided December 6, 2000.

Attorney(s) appearing for the Case

Nancy E. Ayres, Senior Deputy City Attorney, argued the cause and filed the briefs for appellant.

Roy Pulvers, Portland, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

ARMSTRONG, J.

Defendant City of Portland appeals from a judgment that held that plaintiff has a prescriptive easement in a private driveway that joins a city road. Defendant argues that plaintiff has no right to the easement, in part because plaintiff failed to secure a permit for the driveway in violation of relevant municipal ordinances and state statutes. On de novo review, we affirm.

Plaintiff owns and operates a large business located at 103rd...

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