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KNIGHT v. NYARA

062833; A138945.

248 P.3d 36 (2011)

240 Or. App. 586

Albert KNIGHT and Carol Knight, Plaintiffs-Respondents, v. Bill NYARA and Robbie Nyara, Defendants-Appellants.

Court of Appeals of Oregon.

Decided February 16, 2011.

Attorney(s) appearing for the Case

Barry L. Groce , Portland, argued the cause for appellants. With him on the briefs was McEwen Gisvold LLP.

Norman R. Hill argued the cause for respondents. With him on the brief were Wesley A. Hill and Martinis & Hill.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

BREWER, C.J.

Defendants appeal from a judgment dismissing their counterclaim for trespass, construing an express easement over a portion of their property, and enjoining defendants from using the portion of their property subject to the easement. In three assignments of error, defendants argue, first, that the trial court erred by construing the word "exclusive" in the easement to prohibit them from using all of the land included within the easement; second, that...

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