MINIHAN v. STIGLICH

CV08090475; A144998 (Control); A145972.

311 P.3d 922 (2013)

258 Or. App. 839

Thomas J. MINIHAN, Plaintiff-Respondent, v. Thomas STIGLICH, Defendant-Appellant. Thomas J. Minihan, Plaintiff-Appellant, v. Thomas Stiglich, Defendant-Respondent.

Court of Appeals of Oregon.

Decided: October 9, 2013.


Attorney(s) appearing for the Case

R. Daniel Lindahl argued the cause for Thomas Stiglich. With him on the briefs were Lindahl Law Firm, PC, and Andrew M. Cole , and Cole Tait, PC.

Michael B. Merchant argued the cause for Thomas J. Minihan. With him on the briefs were Margaret E. Schroeder and Black Helterline LLP.

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


NAKAMOTO, J.

Defendant Stiglich and plaintiff Minihan are neighbors in a residential area located next to the Willamette River. Plaintiff, along with several dozen other homeowners not including defendant, owns an undivided interest in a narrow lot that provides access to the river. The southern border of plaintiff's access lot runs along the northern border of defendant's property. After defendant erected a fence on the access lot and engaged in other activities...

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