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McGRATH v. BRADLEY

05CV0698; A139983.

242 P.3d 670 (2010)

238 Or. App. 269

Tony McGRATH, Fred Barnes, and Summit Consulting, LLC, dba Shelton Auto Parts, Plaintiffs-Respondents, v. Gene BRADLEY and Trudy Bradley, husband and wife, Defendants-Appellants.

Court of Appeals of Oregon.

Decided October 27, 2010.

Attorney(s) appearing for the Case

Frank C. Rote, III , Grants Pass, argued the cause for appellants. With him on the briefs was Hughes, Rote & Brouhard, LLP.

Kendell H. Ferguson argued the cause for respondents. With her on the brief was Cauble, Dole, Sorenson & Ransom, LLP.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Plaintiffs brought this action for quiet title, claiming that they had established a prescriptive easement for a driveway across defendants' property. Defendants responded that plaintiffs and their predecessors used the driveway in question by permission and, thus, that their use could not have ripened into a prescriptive easement. Defendants also asserted that, even if plaintiffs and their predecessors had established a prescriptive easement, it had...

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