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BLOOMFIELD v. WEAKLAND

003480, 003497; A134685.

199 P.3d 318 (2008)

224 Or. App. 433

Stefan D. BLOOMFIELD; Molly M. Bloomfield; Ruth H. Bloomfield and Richard Andrew Bloomfield, trustees of the William H. 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. Cortwright; Joseph S. Cortwright; 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; Dennis L. Pike and Kathryn L. Pike, as trustees of the Dennis and Kathryn Pike Family Trust dated April 5, 1999; Marilyn J. Thompson; Gary J. Jones; Sarah D. Wright; John Buchner; Kathleen L. Buchner, fka Kathleen L. Weswig; Robert Dean Jones and Hilda M. Jones, as trustees of the Hilda M. Jones Trust; and Bloomfield Associates, a California limited partnership, Plaintiffs-Respondents, and Sarah K. Chartz and Brian D. Tooley, Plaintiffs, v. Jean Marie WEAKLAND, Defendant-Appellant. Sarah K. Chartz and Brian D. Tooley, Plaintiffs-Respondents, v. Jean Marie Weakland, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 10, 2008.

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 SCHUMAN, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

CARSON, S.J.

This is the fourth time that we are asked to consider issues arising out of a dispute among these same parties about the existence of an easement over defendant's ocean-front property in Lincoln County. In our most recent decision, we reversed and remanded a judgment of the trial court granting plaintiffs' motion for summary judgment on their claims for an implied easement for beach access over a path on defendant's property and an injunction preventing...

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