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REALVEST CORP. v. LANE COUNTY

16-01-13668; A120455.

100 P.3d 1109 (2004)

196 Or. App. 109

REALVEST CORPORATION, a Washington corporation; Property Management Services, Inc., a Washington corporation; Village Inn Springfield, LLC, an Oregon limited liability company; and Village Inn Apartments, LLC, an Oregon limited liability company, Appellants-Cross-Respondents, v. LANE COUNTY, Oregon, a political subdivision of the State of Oregon, Respondent-Cross-Appellant, and John Sooy and Mary Sooy, husband and wife, Intervenors-Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided November 10, 2004.

Attorney(s) appearing for the Case

Wm. Randolph Turnbow argued the cause for appellants-cross-respondents. With him on the briefs was Hershner, Hunter, Andrews, Neill & Smith, LLP.

Marc H. Kardell argued the cause for respondent-cross-appellant. Joining him on the briefs were Connie L. Speck, Rohn M. Roberts, Eugene, and Arnold, Gallagher, Saydack, Percell, Roberts & Potter, P.C.

Rohn M. Roberts, Eugene, argued the cause for intervenors-respondents-cross-appellants.

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

EDMONDS, P.J.

Plaintiffs appeal and defendants, Lane County and its lessees, cross-appeal from the trial court's judgment in this declaratory judgment proceeding. ORS 28.010-ORS 28.160. The trial court rendered a judgment for defendants, declaring that a deed restriction is not enforceable against the county's property. Also, the trial court held that plaintiffs' use of a driveway across the county's property was subject to an implied dedication for public use, and...

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