DYKES v. ARNOLD

Nos. 015185; A121699.

129 P.3d 257 (2006)

204 Or. App. 154

Joseph DYKES and Zan Dykes, Appellants-Cross-Respondents, v. Joe D. ARNOLD, Trustee for the Arnold Living Trust, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided February 8, 2006.


Attorney(s) appearing for the Case

Michael C. Petersen, Salem, argued the cause for appellants-cross-respondents With him on the briefs was Heltzel, Upjohn, Williams, Yandell, Roth, Smith & Petersen, P.C.

Dennis L. Bartoldus, Newport, argued the cause and filed the briefs for respondent-cross-appellant.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.


LINDER, J.

Plaintiffs and defendant, who own several adjacent lots in a rural area in Lincoln County, dispute the location of one of their boundary lines and, as a result, the ownership of a strip of property. Plaintiffs brought this ejectment action seeking possession of the disputed strip. In addition to their claim for ejectment, plaintiffs also sought a declaration that they had a permanent easement to draw water from a spring on defendant's property. Defendant...

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