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WEBB v. CLODFELTER

98-6265C; A122966.

132 P.3d 50 (2006)

205 Or. App. 20

Wayne L. WEBB, Jana L. Webb, and Delores Rhodig, Respondents-Cross-Appellants, and Lavelle Underhill, Respondent, v. D. Wendell CLODFELTER and Joyce E. Clodfelter, husband and wife; and Columbia River Equipment Money Purchase Pension and Profit Sharing Plan for the Benefit of Steven A. Prock, Appellants-Cross-Respondents, and Ivan Skoro and Karolina Skoro, husband and wife; Milan Skoro and Neda Skoro, husband and wife; and John W. Buether, Defendants.

Court of Appeals of Oregon.

Decided March 29, 2006.

Attorney(s) appearing for the Case

Joel S. DeVore, Eugene, argued the cause for appellants-cross-respondents Clodfelter & Columbia River Equipment. With him on the briefs was Luvaas Cobb.

Bradley V. Timmons, The Dalles, argued the cause for respondents-cross-appellants Wayne Webb, Jana Webb, and Delores Rhodig. With him on the briefs was Dick, Dick, & Timmons, LLP.

No appearance for respondent Lavelle Underhill.

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

LANDAU, P.J.

Defendants own land in rural eastern Oregon across which runs a road that has existed longer than anyone remembers. At issue in this case is who may use the road. The trial court determined that plaintiffs demonstrated that they had acquired a prescriptive easement over at least part of the road, although the court imposed certain conditions on plaintiffs' continued use of it and found that plaintiffs had trespassed on the part not subject to the easement...

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