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MILLER v. JONES

08CV1672CC; A147325.

302 P.3d 812 (2013)

256 Or. App. 392

Gregory MILLER and Deborah Millsap, Plaintiffs, and Allen Worth; and Kathy Worth, fka Kathy Deatsch, Plaintiffs-Respondents, v. Gloria Ann JONES, Trustee of the Gloria Ann Hager Jones Revocable Trust, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 24, 2013.

Attorney(s) appearing for the Case

Dan G. McKinney argued the cause for appellant. With him on the briefs was DC Law.

Stephen Mountainspring , Roseburg, argued the cause for respondents. With him on the brief was Dole, Coalwell, Clark, Mountainspring & Mornarich, P.C.

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

SERCOMBE, J.

Plaintiffs Allen and Kathy Worth and defendant Jones are owners of adjacent properties.1 Plaintiffs brought an action for declaratory relief against defendant, seeking (1) a declaration that a 1999 agreement between plaintiffs' predecessors-in-interest (the Hopkinses) and defendant's predecessors-in-interest (the Busbys) created an appurtenant easement granting plaintiffs the right to use, service, and maintain an irrigation...

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