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MARTIN v. G.B. ENTERPRISES, LLC

01-0203-E-2; A120991.

98 P.3d 1168 (2004)

195 Or. App. 592

Richard F. MARTIN and Marie M. Martin, husband and wife, Respondents, v. G.B. ENTERPRISES, LLC, an Oregon limited liability company, Appellant.

Court of Appeals of Oregon.

Decided October 13, 2004.

Attorney(s) appearing for the Case

Kenneth M. Tharp, Medford, argued the cause for appellant. On the brief were Thomas F. Armosino and Frohnmayer, Deatherage, Pratt, Jamieson, Clarke & Moore, P.C.

Steven P. Pickens, Medford, argued the cause and filed the brief for respondents.

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

WOLLHEIM, J.

Defendant, G.B. Enterprises (GB), appeals a judgment granting plaintiffs, Richard and Marie Martin (the Martins), a prescriptive easement over defendant's property. We review de novo, ORS 19.415(3) (2001);1 House v. Hager, 130 Or.App. 646, 649, 883 P.2d 261, rev. den., 320 Or. 492, 887 P.2d 793 (1994), and reverse.

GB owns...

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