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KERR v. BAUER

CV030231; A134855.

222 P.3d 1117 (2009)

232 Or. App. 374

Bryan KERR and Kerwin Kerr, Plaintiffs-Respondents, v. Donald R. BAUER, Trustee of the Kerr Homestead Trust, Defendant-Appellant, and J.M. Kerr, Trustee of the Kerr Homestead Trust, Defendant-Respondent. Donald R. Bauer, Counterclaim Plaintiff-Appellant, v. Bryan Kerr and Kerwin Kerr, Counterclaim Defendants-Respondents. Donald R. Bauer, Cross-claim Plaintiff-Appellant, v. J.M. Kerr and Kerwin D. Kerr, Sr., Cross-claim Defendants-Respondents.

Court of Appeals of Oregon.

Decided December 9, 2009.

Attorney(s) appearing for the Case

Thomas C. Tankersley, McMinnville, argued the cause and filed the briefs for appellant. With him on the briefs was Drabkin, Tankersley & Wright, LLC.

Joseph A. Yazbeck, Portland, argued the cause for respondents. With him on the joint briefs were Yazbeck, Cloran & Hanson, LLC, and Thomas H. Anderson and Thomas H. Anderson, P.C.

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

ORTEGA, J.

This is a dispute among family members about land. The trial court granted plaintiffs' motion for partial summary judgment, quieting title in the trustees of a 1956 deed and severing some interests created in that deed because the interests violated the rule against perpetuities. Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to prevail as a matter of law. ORCP 47 C. We agree with the parties...

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