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MOTES v. PACIFICORP

051709Z2, A135699.

217 P.3d 1072 (2009)

230 Or. App. 701

James Cliff MOTES and Barbara Motes, husband and wife, individually and as trustees of the James Cliff Motes and Barbara Motes Joint Living Trust, dated 12/31/2004, Plaintiffs-Appellants Cross-Respondents, v. PACIFICORP, an Oregon corporation, Defendant-Respondent Cross-Appellant, and Farleigh Wada & Witt PC, an Oregon professional corporation; Kimberley Hanks McGair; and Teresa Burch, acting by and through PacifiCorp, Defendants-Respondents.

Court of Appeals of Oregon.

Decided September 9, 2009.

Attorney(s) appearing for the Case

Matthew Sutton argued the cause and filed the briefs for appellants-cross-respondents.

Brad C. Stanford, Portland, argued the cause for respondent-cross-appellant and respondent Teresa Burch. With him on the briefs were Kimberley Hanks McGair and Farleigh Witt.

Mark R. Weaver, Medford, argued the cause for respondents Farleigh Wada & Witt, PC, and Kimberley H. McGair. With him on the brief were David Paradis and Brophy, Mills, Schmor, Gerking, Brophy & Paradis, LLP.

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

ORTEGA, J.

This is a dispute over electrical transmission lines that cross plaintiffs' property. Plaintiffs appeal from a judgment for Pacifi-Corp after the trial court determined on cross-motions for summary judgment that PacifiCorp has a prescriptive easement for the lines and their maintenance, and dismissed plaintiffs' claims for trespass, ejectment, inverse condemnation, and an injunction. PacifiCorp cross-appeals, assigning error to the trial court's ruling...

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