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DRAYTON v. CITY OF LINCOLN CITY

065122; A142972.

260 P.3d 642 (2011)

244 Or. App. 144

James Walter DRAYTON, individually, Plaintiff-Respondent, and James W. Drayton, Trustee of the James W. and Patricia B. Drayton Family Trust, Plaintiff, v. CITY OF LINCOLN CITY; Torrance Construction, Inc., dba Bear Valley Nursery; and Andrea Torrance, Defendants, and Scott Torrance, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 13, 2011.

Attorney(s) appearing for the Case

Carl D. Crowell argued the cause for appellant. On the briefs were Michael S. Elliott and Crowell Ing, LLP.

Russell L. Baldwin , Depoe Bay, argued the cause and filed the brief for respondent.

Before BREWER, Chief Judge, and CARSON, Senior Judge.

BREWER, C.J.

Plaintiff brought several claims against defendants Scott and Andrea Torrance and the City of Lincoln City arising from a longstanding dispute among the parties about aspects of the operation of plaintiff's landscaping business that resulted in the deposit of windblown dust and dirt onto adjoining property owned by the Torrances. Among other claims, plaintiff sought a prescriptive easement to shield his activities...

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