SHIELDS v. VILLAREAL

9811-07817, A108341

33 P.3d 1032 (2001)

177 Or. App. 687

Davie R. SHIELDS and Craig A. Bloom, Appellants, v. Joseph A. VILLAREAL, Respondent. Joseph A. Villareal, Counterclaim-Plaintiff, v. Davie R. Shields and Craig A. Bloom, Counterclaim-Defendants.

Court of Appeals of Oregon.

Decided October 31, 2001.


Attorney(s) appearing for the Case

Tod Eames, Gresham, argued the cause and filed the brief for appellants.

Craig Wymetalek, Olaha, argued the cause for respondent. With him on the brief was Douglas M. Bomarito, P.C.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.


SCHUMAN, J.

Plaintiffs sought a declaratory judgment confirming their ownership of an express easement across defendant's property and an injunction ordering defendant to remove all impediments from it and to refrain from future interference. In his answer and counterclaim, defendant argued that plaintiffs had abandoned the easement and it should therefore be extinguished. The trial judge found by a preponderance of the evidence that plaintiffs had abandoned the easement...

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