HUNNELL v. ROSEBURG RESOURCES CO.

00 CV 0693 CC; A114411.

51 P.3d 680 (2002)

183 Or.App. 228

Michael F. HUNNELL and Beverly Hunnell, Appellants, v. ROSEBURG RESOURCES CO., Respondent.

Court of Appeals of Oregon.

Decided August 7, 2002.


Attorney(s) appearing for the Case

Eldon F. Caley, Roseburg, argued the cause for appellants. With him on the briefs was Eldon F. Caley, Lawyer, P.C. II.

Steve C. Baldwin argued the cause for respondent. With him on the brief was Watkinson Laird Rubenstein Lashway & Baldwin, P.C.

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


SCHUMAN, J.

Plaintiffs sought various forms of equitable relief—a declaratory judgment, an injunction, a judgment quieting title—to prevent defendant from using a road that connected defendant's property to Interstate 5 by passing across plaintiffs' property. Defendant responded that it lawfully used the road under an easement granted to defendant's predecessor-in-interest by plaintiffs' predecessor-in-interest. The sole issue on appeal is whether the...

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