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BLOOMFIELD v. WEAKLAND

CC 003480, 003497; CA A119891; SC S51768.

123 P.3d 275 (2005)

339 Or. 504

Stefan D. BLOOMFIELD, Molly M. Bloomfield; Ruth H. Bloomfield and Richard Andrew Bloomfield, trustee 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; Bloomfield Associates, a California limited partnership; Gary J. Jones; Sarah D. Wright; Kathleen L. Buchner, fka Kathleen Weswig; and Robert Dean Jones and Hilda M. Jones, as trustees of the Hilda M. Jones Trust, Respondents on Review, v. Jean Marie WEAKLAND, Petitioner on Review. Sarah K. Chartz and Brian D. Tooley, Respondents on Review, v. Jean Marie Weakland, Petitioner on Review. Jan Marie Weakland and Margaret Anne Patricia Montgomery, Third-Party Plaintiffs, v. Corinne Labarre; Valerie L. Tadda; Linda L. Craft; Kay Nelson; Marilyn J. Thompson; Lawrence K. Labarre, Third-Party Defendants.

Supreme Court of Oregon, En Banc.

Decided November 18, 2005.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for petitioner on review.

Thomas L. Gallagher, Corvallis, argued the cause and filed the brief for respondents on review.

GILLETTE, J.

The issue in this dispute involves alleged easements appurtenant to certain subdivision lots. Plaintiffs each claim that he or she has a right to such an easement, and they brought the present action against defendant for declaratory judgment and injunctive relief to establish that right. Defendant asserts that plaintiffs are barred from receiving the relief that they seek on the ground of claim preclusion. The...

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