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DOUGHTON v. MORROW

073221E7; A148460.

298 P.3d 578 (2013)

255 Or. App. 422

Todd DOUGHTON and Belle Amie Doughton, Plaintiffs-Appellants, v. Troy MORROW, et al., Defendants, and Erika Rinderknecht, Defendant-Respondent. Troy Morrow and Brenda Morrow, Counterclaim Plaintiffs, and Todd Doughton and Belle Amie Doughton, Counterclaim Defendants.

Court of Appeals of Oregon.

Decided February 27, 2013.

Attorney(s) appearing for the Case

Robert E. Bluth , Shady Cove, argued the cause and filed the briefs for appellants.

Dominic M. Campanella , Medford, argued the cause for respondent. On the brief were Mark R. Weaver , and Brophy, Schmor, Brophy, Paradis, Maddox & Weaver, LLP.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

Plaintiffs brought this action against defendant, the developer who sold them the lot on which they built their home. To service the home, plaintiffs drilled a well on what they believed — based on the location of an access road and cul-de-sac — to be the northwest corner of their property. However, because the cul-de-sac had been constructed in a location that differed from its location as established by a recorded easement, plaintiffs...

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