1. Home
  2. Browse Decisions
  3. P.3d
  4. 225 P.3d
  5. 225 P.3d 81 (2009)
 

STILES v. GODSEY

02CV0357; A135021.

225 P.3d 81 (2009)

233 Or. App. 119

Roger A. STILES and Betty Stiles, husband and wife, Plaintiffs-Appellants, v. David GODSEY, as Trustee of the Margaret H. Ponting Trust; Douglas F. Richardson and Jocelyn H. Richardson; James A. Stoner; John Allen Dillingham; Linden Dale Kincaid; Marle Kincaid; Stephen M. Foster; Charlene L. Walker; Carl D. Sawyer; Carol J. Sawyer; Marjorie T. Condray, as Trustee of the Marjorie T. Condray Living Trust; Laverne Methven, as Trustee of the Laverne Methven Revocable Trust, Defendants-Respondents, and Emery L. Gajdan; Margit Gajdan; Barbara Jean Cournoyer; Jack C. Juell; Janet Juell; Carl Dependahl; Carol J. Dependahl; William H. Skinner; Eunice Skinner; Robert R. Taylor; Rella D. Taylor, Defendants.

Court of Appeals of Oregon.

Decided December 30, 2009.

Attorney(s) appearing for the Case

Judith Giers, Eugene, argued the cause for appellants. With her on the briefs was Giers Olsson PC.

Duane Wm. Schultz argued the cause for respondents James A. Stoner, John Allen Dillingham, Linden Dale Kincaid, Marle Kincaid, Stephen M. Foster, Charlene L. Walker, Carl D. Sawyer, Carol J. Sawyer, Marjorie T. Condray, as Trustee for the Marjorie T. Condray Living Trust, and Laverne Methven, as Trustee of the Laverne Methven Revocable Trust.

No appearance for respondents David Godsey, as Trustee of the Margaret H. Ponting Trust, Douglas F. Richardson, and Jocelyn H. Richardson.

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

SERCOMBE, J.

Plaintiffs brought an action for common-law adverse possession, statutory adverse possession under ORS 105.620(1), and to obtain a prescriptive easement. The land at issue (the disputed area) is along the westerly border of property owned by defendant Stoner that is located adjacent to and east of plaintiffs' residential lot. Other defendants in the case have rights to an easement over a portion of the land in question. Plaintiffs sought to extinguish...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases