WISER v. ELLIOTT

0610270; A134804.

209 P.3d 337 (2009)

228 Or. App. 489

Allen WISER and SHIRLEY WISER, Plaintiffs-Appellants, v. Keith ELLIOTT and Jenita Elliott, Defendants-Respondents.

Court of Appeals of Oregon.

Decided May 20, 2009.


Attorney(s) appearing for the Case

George B. Heilig argued the cause for appellants. With him on the brief was Cable Huston Benedict Haagensen & Lloyd.

K. Joseph Trudeau, Springfield, argued the cause for respondents. With him on the brief was Cooney & Trudeau, P.C.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.


SERCOMBE, J.

Plaintiffs brought adverse possession and prescriptive easement claims to obtain legal interests in a strip of land acquired by defendants from a railroad company. The trial court denied plaintiffs' summary judgment motion, granted defendants' summary judgment motion, and dismissed plaintiffs' claims. Based on the undisputed facts in the summary judgment record, we conclude that the trial court correctly denied plaintiffs' summary judgment motion and...

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