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EAGLES FIVE, LLC v. LAWTON

No. 060943902; A142394.

280 P.3d 1017 (2012)

250 Or. App. 413

EAGLES FIVE, LLC, an Oregon corporation; James D. Hollandsworth; and Margaret A. Hollandsworth, Plaintiffs-Respondents Cross-Appellants, v. David LAWTON and Laura Lawton, husband and wife, Defendants-Appellants Cross-Respondents.

Court of Appeals of Oregon.

Decided June 13, 2012.

Attorney(s) appearing for the Case

Peggy Hennessy , Portland, argued the cause for appellants-cross-respondents. With her on the briefs was Reeves, Kahn & Hennessy.

William J. Kuhn , Hermiston, argued the cause and filed the briefs for respondents-cross-appellants.

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

SERCOMBE, J.

The dispute at issue in this case centers around a pipeline that runs from freshwater springs located on defendants' property across a portion of plaintiffs' land to a pump house on defendants' land. In 2006, before it could reach defendants' pump house, all the water in the pipeline was being diverted to plaintiffs' property through a valve installed on the pipeline by plaintiffs' predecessors-in-interest. For that reason, defendants placed a cap on...

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