TIEU v. MORGAN

081014035; A144733.

265 P.3d 98 (2011)

246 Or. App. 364

Henry TIEU, Plaintiff-Appellant, v. Carl D. MORGAN and Francine A. Morgan, Defendants-Respondents.

Court of Appeals of Oregon.

Decided November 2, 2011.


Attorney(s) appearing for the Case

David R. Nepom , Portland, argued the cause and filed the briefs for appellant.

Peter D. Mohr , Portland, argued the cause for respondents. With him on the brief were Tonkon Torp LLP, and Barbee Lyon.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.


HADLOCK, J.

The parties dispute ownership of a strip of land that runs parallel to defendants' driveway. Plaintiff, who owns residential property adjoining that strip of land, filed suit seeking (1) a declaration that he owns the disputed strip and (2) an injunction prohibiting defendants from trespassing on that property. Defendants counterclaimed, asserting that they acquired the disputed strip through adverse possession, and subsequently moved for summary judgment...

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