STILES v. GODSEY

02CV0357; A150614.

310 P.3d 682 (2013)

258 Or. App. 145

Roger A. STILES and Betty Stiles, husband and wife, Plaintiffs-Appellants, v. David GODSEY, as Trustee of the Margaret H. Ponting Trust; James A. Stoner; Douglas F. Richardson; Jocelyn H. Richardson; John Allen Dillingham; Linden Dale Kincaid; Marle Kincaid; Stephen M. Foster; Charlene L. Walker; Carl D. Sawyer; Carol J. Sawyer; Marjorie T. Condray, as Trustee of the Marjorie T. Condray Living Trust; and Laverne Methven, as Trustee of the Laverne Methven Revocable Trust, Defendants-Respondents, and Emery L. Gajdan, et al., Defendants.

Court of Appeals of Oregon.

Decided August 14, 2013.


Attorney(s) appearing for the Case

Natalie C. Scott argued the cause for appellants. With her on the briefs was The Scott Law Group.

Duane Wm. Schultz , Grants Pass, argued the cause for respondents James A. Stoner, John Allen Dillingham, Linden Dale Kincaid, Marle Kincaid, Stephen M. Foster, Charlene L. Walker, Carl D. Sawyer, Carol J. Sawyer, Marjorie T. Condray, and Laverne Methven. With him on the brief was Duane Wm. Schultz, P.C.

No appearance for respondent David Godsey.

No appearance for respondents Douglas F. Richardson and Jocelyn H. Richardson.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.


EGAN, J.

In Stiles v. Godsey, 233 Or.App. 119, 225 P.3d 81 (2009) (Stiles I), we concluded that plaintiffs had acquired title to a portion of their neighbor's property — over which an easement ran — through adverse possession. Following our remand to the trial court, a dispute arose between the parties regarding whether our opinion in Stiles I awarded plaintiffs...

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