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JOHNSTON v. CORNELIUS

05CV0234MA; A137037.

218 P.3d 129 (2009)

230 Or. App. 733

Michael G. JOHNSTON and Dauna L. Johnston, Plaintiffs-Appellants, v. Steven CORNELIUS and Debra Cornelius, husband and wife, Defendants-Respondents.

Court of Appeals of Oregon.

Decided September 9, 2009.

Attorney(s) appearing for the Case

Michael W. Peterkin, Bend, argued the cause for appellants. With him on the briefs was Peterkin & Associates.

Gerald A. Martin, Bend, argued the cause for respondents. With him on the brief was Francisa Hansen & Martin, LLP.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Plaintiffs brought this action for interference with easement, alleging that defendants had blocked their access to a driveway easement across defendants' property in Deschutes County. Defendants responded with counterclaims alleging that the easement had been extinguished either by abandonment or by adverse possession. The trial court ruled in defendants' favor on both counterclaims and entered a judgment dismissing plaintiffs' claim. Plaintiffs appeal...

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