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BLOOMFIELD v. WEAKLAND

003480, 003497; A119891.

92 P.3d 749 (2004)

193 Or. App. 784

Stefan D. BLOOMFIELD, Molly M. Bloomfield, Ruth H. Bloomfield, and Richard Andrew Bloomfield, trustees of the William M. and Ruth H. Bloomfield Trust U/A dated July 9, 1980; Milosh Popovich, trustee of the Milosh Popovich Trust dated January 29, 1991; J. Michael Schwab; Steven W. Brookshire; Robert M. Cortright; Joseph S. Cortright; Cascadia Investment Co., LLC, an Oregon limited liability company; Lin L. Craft, trustee of the Lin L. Craft Trust dated December 23, 1998; Bruce G. Blain; Patricia A. Blain; Janet Yarbrough; Dokay, LLC, an Oregon limited liability company; Gary R. Jones; Sarah D. Wright; Kathleen L. Buchner, fka Kathleen Weswig; Robert Dean Jones and Hilda M. Jones, as trustees of the Hilda M. Jones Trust; and Bloomfield Associates, a California limited partnership, Respondents, v. Jean Marie WEAKLAND, Appellant, Sarah K. Chartz and Brian D. Tooley, Respondents, v. Jean Marie Weakland, Appellant. Jean Marie Weakland and Margaret Anne Patricia Montgomery, Third-Party Plaintiffs, v. Corinne Labarre; Valerie L. Tadda; Linda L. Craft; Kay Nelson; Marilyn J. Thompson; and Lawrence K. Labarre, Third-Party Defendants.

Court of Appeals of Oregon.

Decided June 16, 2004.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellant. Thomas L. Gallagher, Jr., Corvallis, argued the cause and filed the brief for respondents.

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

ARMSTRONG, J.

Defendant owns an oceanfront lot, Lot 14, in Sea Woods Park, which is a subdivision near Waldport, Oregon. Plaintiffs are owners of other lots in the subdivision who sought a declaratory ruling that they have an implied easement to the beach over defendant's property by virtue of a 1957 plat that depicted a 10-foot wide "Private Walk Way" over Lot 14. Defendant appeals from a judgment for plaintiffs on their...

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