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WOLF v. CENTRAL OREGON & PACIFIC RAILROAD

05CV4330CC; A136347.

216 P.3d 316 (2009)

230 Or. App. 269

Terry WOLF and Florence Wolf, Plaintiffs-Appellants, v. CENTRAL OREGON & PACIFIC RAILROAD, INC., a Delaware corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 12, 2009.

Attorney(s) appearing for the Case

Charles F. Lee argued the cause for appellants. With him on the briefs was Lee & Kaser, P.C.

Daniel Webb Howard argued the cause for respondent. With him on the brief was Gleaves Swearingen LLP.

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

EDMONDS, P.J.

Plaintiffs appeal following the trial court's entry of summary judgment in favor of defendant. Plaintiffs, who are owners of real property in Douglas County, Oregon (the Wolf property), brought this action against defendant, claiming a prescriptive easement that would allow them to continue to use the private crossing over defendant's railroad tracks that intersect their land. They also sought damages they alleged had resulted from defendant's removal...

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