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INGLE BUTTE RANCHES, INC. v. FRONAPEL

98-10-235CV; A112336

53 P.3d 453 (2002)

183 Or.App. 478

INGLE BUTTE RANCHES, INC., an Oregon corporation, and Kim Lemons, Respondents, v. Mark FRONAPEL and Theresa Fronapel, Defendants, and City of Mt. Vernon, Appellant. Mark Fronapel, Theresa Fronapel and City of Mt. Vernon, Counterclaim Plaintiffs, v. Ingle Butte Ranches, Inc., an Oregon corporation, and Kim Lemons, Counterclaim Defendants.

Court of Appeals of Oregon.

Decided August 28, 2002.

Attorney(s) appearing for the Case

Marc T. Anderson argued the cause for appellant. With him on the opening brief was Foster A. Glass, Bend.

Daniel L. Cronin, John Day, argued the cause and filed the brief for respondents.

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

BREWER, J.

Defendant City of Mt. Vernon (the city) appeals a trial court judgment upholding both a prescriptive easement in plaintiffs' favor over land owned by defendants Mark and Theresa Fronapel (the Fronapels)1 and a right to use a bridge that the city built over the same land pursuant to an express easement from the Fronapels' predecessors. Among other arguments, the city asserts that the trial court erred in upholding plaintiffs...

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