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DENISON v. HODGE

01-5494; A120614.

100 P.3d 1144 (2004)

196 Or. App. 248

Charles DENISON, Appellant, v. Robert L. HODGE, Darlene L. Hodge, and Hodge Oregon Properties, LLC, Respondents. Robert L. Hodge, Darlene L. Hodge, and Hodge Oregon Properties, LLC, Counterclaim Plaintiffs, v. Charles Denison, Counterclaim Defendant.

Court of Appeals of Oregon.

Decided November 24, 2004.

Attorney(s) appearing for the Case

David B. Lothrop, Newport, argued the cause for appellant. With him on the briefs was Oregon Coast Law.

Jonathan M. Radmacher, Portland, argued the cause for respondents. With him on the brief was McEwen Gisvold, LLP.

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

EDMONDS, P.J.

Plaintiff brought this action for trespass, ejectment, and declaratory relief in order to assert his right to land that borders the Alsea River in Lincoln County. After a trial, the court held that defendant Hodge Oregon Properties, LLC (defendant), is the owner of the land, entered a declaratory judgment accordingly, and dismissed all of the parties' other claims as moot. Plaintiff appeals, and we reverse.

Plaintiff owns a parcel of land that...

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