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FITTS v. CASE

073045; A142158.

267 P.3d 160 (2011)

243 Or. App. 543

Janet FITTS and Robert Harris, Plaintiffs-Appellants, v. William CASE, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 15, 2011.

Attorney(s) appearing for the Case

Justin Wirth argued the cause for appellants. With him on the briefs was Jeanne Smith & Associates, PC.

George B. Heilig , Corvallis, argued the cause for respondent. With him on the brief was Heilig Misfeldt & Armstrong, LLP.

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

ROSENBLUM, S.J.

Plaintiffs, Janet Fitts and her brother, Robert Harris, appeal from a judgment declaring that defendant is the owner, based on adverse possession, of a 2.5-acre strip of land located in Linn County. On appeal, plaintiffs' assignments of error primarily challenge the sufficiency of defendant's evidence that his use of the disputed property was "hostile." On de novo review, ORS 19.415(3) (2007),

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