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PETROFF v. WILLIAMS

0600298CC; A138880.

246 P.3d 39 (2010)

240 Or. App. 201

Joe PETROFF, Petitioner-Respondent, v. John E. WILLIAMS and Laurie A. Williams, Respondents-Appellants, and Martin Underhill, Respondent.

Court of Appeals of Oregon.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Laura N. Althouse , Portland, argued the cause for appellants. With her on the briefs were Dunn Carney Allen Higgins & Tongue LLP and Brian R. Talcott.

James M. Habberstad , The Dalles, argued the cause for respondent. With him on the brief was Shannon L. Tissot.

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

ROSENBLUM, J.

In this action for a way of necessity, a corporation wholly owned by petitioner owned two adjoining parcels of property. Petitioner caused the corporation to sell one of the parcels to him without an easement for access, leaving it landlocked. Petitioner then filed in the trial court a petition for a way of necessity across respondent's property. The route he proposed follows an existing dirt track that can be traversed only in a four-wheel-drive vehicle...

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