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R & C. RANCH, LLC v. KUNDE

95-7772; A107289

33 P.3d 1011 (2001)

177 Or. App. 304

R & C RANCH, LLC, an Oregon limited liability company, Respondent-Cross-Appellant, v. Charles KUNDE, Defendant, and Buckhorn Ranch, LLC, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided October 17, 2001.

Attorney(s) appearing for the Case

Dennis P. Brookshire, Lake Oswego, argued the cause for appellant-cross-respondent. With him on the reply brief was Buckley LeChevallier P.C.

Robert L. Nash, Bend, argued the cause and filed the briefs for respondent-cross-appellant.

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

KISTLER, J.

Defendant Buckhorn Ranch, LLC, appeals from a judgment awarding plaintiff a statutory way of necessity through its ranch, arguing that the trial court erred in construing the relevant statutes. Plaintiff cross-appeals, arguing that the court erred in refusing to declare that it had a prescriptive easement across defendant's property and that it was also entitled to damages, in dismissing its claim for punitive damages, and in awarding defendant attorney...

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