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FISCHER v. WALKER

CV08120641; A144458.

266 P.3d 178 (2011)

246 Or. App. 589

Betty A. FISCHER, trustee of the Betty A. Fischer Revocable Living Trust u/t/d 6/23/92 and trustee of the Gerald R. Fischer Revocable Living Trust u/t/d 6/23/92, Plaintiff-Appellant, v. Derek T. WALKER and Cassondra A. Walker, Defendants-Respondents. Derek T. Walker, Third-Party Plaintiff, v. David E. Sweo and Suzanne J. Sweo, Third-Party Defendants.

Court of Appeals of Oregon.

Decided November 16, 2011.

Attorney(s) appearing for the Case

Mary W. Johnson argued the cause for appellant. With her on the briefs was Mary W. Johnson, P.C.

Trung D. Tu , Portland, argued the cause for respondents. On the brief were Jonathan M. Radmacher , Katie J. Johnson , and McEwen Gisvold LLP.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and RIGGS, Senior Judge.

SERCOMBE, J.

Plaintiff and defendant Derek Walker are owners of adjoining properties. Plaintiff brought an action against defendants—Derek Walker and his wife, Cassondra—for interference with an easement, alleging that defendants wrongfully impeded plaintiffs use of a dirt access road that runs through the Walker property. Defendants moved for summary judgment, and the trial court granted the motion, concluding that plaintiff did not have an express...

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