VANCE v. FORD

0012-12355; A116812.

67 P.3d 412 (2003)

187 Or. App. 412

Gimmie Rebecca VANCE, Thomas Wells, Jeannine Wells, and Roxanna Seay, Respondents, v. Richard FORD and Kristin Ford, Appellants.

Court of Appeals of Oregon.

Decided April 24, 2003.


Attorney(s) appearing for the Case

Jacob Tanzer argued the cause for appellants. With him on the briefs was Ball Janik LLP.

Douglas V. Van Dyk argued the cause for respondents. With him on the brief was Jordan Schrader PC.

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


BREWER, J.

Defendants appeal from a declaratory judgment and injunction that, among other provisions, prohibits their use of a private road (the roadway) that abuts three parcels of property owned by plaintiffs Seay, Vance, and Wells. Defendants challenge the trial court's rejection of their defenses that plaintiffs' complaint failed to state a claim and that plaintiffs lacked standing to seek relief. They also assert that Seay and Vance failed to prove a necessary...

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