ROBERTSON v. CITY OF TURNER

00C-15510; A113871

69 P.3d 738 (2003)

187 Or. App. 702

Sandria ROBERTSON and Edward Robertson, Appellants, v. CITY OF TURNER, a State of Oregon municipal corporation, Respondent.

Court of Appeals of Oregon.

Decided May 15, 2003.


Attorney(s) appearing for the Case

William L. Ghiorso, Salem, argued the cause and filed the briefs for appellants.

Bruce L. Mowery, Salem, argued the cause and filed the brief for respondent.

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


SCHUMAN, J.

Plaintiffs brought this action against defendant, the City of Turner, after it closed a hazardous bridge that provided the only motor vehicle access to plaintiffs' residential property. The trial court granted the city's motion for summary judgment, holding that, until plaintiffs had pursued a statutory way of necessity against a third party, their claim was not ripe for adjudication. Because the relevant facts are undisputed, we review only for legal...

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