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MONTAGNE v. ELLIOTT

90-382-L-2, 93-3033-E-2; A118313.

92 P.3d 731 (2004)

193 Or. App. 639

Edward J. MONTAGNE and Luella Montagne, husband and wife; Alan G. Pake and Marilyn M. Pake, husband and wife; and Lee Weisel and Joann Weisel, husband and wife, Respondents, v. James F. ELLIOTT, Appellant, and Roger F. West and Jane R. West, husband and wife, Respondents, and Richard Ireland, Thomas F. Coleman, Mildred K. Coleman, and Betty J. Elliott, Defendants. James F. Elliott, Appellant, and Betty J. Elliott, Plaintiff, v. Lee Weisel and Joann Weisel, Respondents, and Jackson County, Defendant.

Court of Appeals of Oregon.

Decided June 9, 2004.

Attorney(s) appearing for the Case

Thomas C. Howser, Ashland, argued the cause and filed the briefs for appellant.

William V. Deatherage, Medford, argued the cause for respondents. On the brief were Allen E. Eraut, Portland, and Frohnmayer, Deatherage, Pratt, Jamieson, Clarke & Moore, P.C., Medford

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

BREWER, J.

Appellant James Elliott appeals a judgment in these consolidated actions that include claims for prescriptive easement rights and to enforce maintenance obligations involving a private roadway. The judgment declared that respondents Montagnes, Pakes, Wests, and Weisels have prescriptive easements in portions of a road that crosses appellant's property, enjoined appellant from unlawfully interfering with respondents' use of the easements, and required appellant...

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