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ABELL v. SHELTON

CV060690; A136072.

197 P.3d 579 (2008)

224 Or. App. 259

Irwin Robert ABELL, Plaintiff-Respondent, v. Mary Anna SHELTON, an individual, Defendant-Appellant, and City of Milton-Freewater, a municipal corporation, and Patrick L. Garrett, an individual, Defendants.

Court of Appeals of Oregon.

Decided December 3, 2008.

Attorney(s) appearing for the Case

Megan L. Grill, Portland, argued the cause for appellant. With her on the briefs was Robert D. Scholz.

W. Eugene Hallman, Pendleton, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and WOLLHEIM, Judge, and SCHUMAN, Judge.

LANDAU, P.J.

This is a dispute between neighbors over the ownership of a shed located in an alley formerly owned by the City of Milton-Freewater. Plaintiff contends that the shed encroaches on his property. As a result, he brought a claim for ejectment, asking the court to order the removal of the shed. Defendant Shelton contends that, because she and her predecessors have used the shed for many years, she has acquired ownership of it and the land on which it is situated...

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