STONIER v. KRONENBERGER

0504390CV; A134455.

214 P.3d 41 (2009)

230 Or. App. 11

Stanley S. STONIER, III, and Delorea Stonier, aka Dolores Stonier, Plaintiffs-Respondents Cross-Appellants, v. John S. KRONENBERGER, Defendant-Appellant Cross-Respondent, and Walter N. Kronenberger, Defendant.

Court of Appeals of Oregon.

Decided July 29, 2009.


Attorney(s) appearing for the Case

Ginger Lee Harris argued the cause and submitted the briefs for appellant-cross-respondent.

George W. Kelly, Eugene, argued the cause and filed the brief for respondents-cross-appellants.

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


LANDAU, P.J.

Plaintiffs initiated this quiet title action, seeking a declaration that an easement that was created by deed allowing defendant to use a stretch of their property for access to a land-locked portion of defendant's property was either extinguished by adverse possession or abandoned. The trial court determined that the original easement over plaintiffs' property was, in fact, extinguished. But the court also concluded that defendant acquired an alternative...

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