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RELLING v. KHORENIAN

09CV0011; A148378.

323 P.3d 293 (2014)

261 Or. App. 1

Fred E. RELLING, Plaintiff-Appellant, v. Leslie KHORENIAN, individually and as Trustee of the Alexander Page Khorenian Trust and the Eriq Edward Khorenian Trust; and Robert Miller and Barbara Miller, husband and wife, Defendants-Respondents, and Teresa L. Holtzapple; and Randy Selby and Tanya C. Selby, husband and wife, Defendants.

Court of Appeals of Oregon.

Decided February 12, 2014.

Attorney(s) appearing for the Case

J.C. Van Voorhees , Prineville, argued the cause and filed the briefs for appellant.

Jeffrey M. Wilson , Prineville, argued the cause for respondent Leslie Khorenian. With him on the brief was Miller Nash LLP.

No appearance for respondents Robert and Barbara Miller.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.

ARMSTRONG, P.J.

Plaintiff owns a parcel of real property in Crook County. He filed a declaratory judgment action in February 2009 against adjoining landowners seeking to establish that he has an easement over their property for access to his property. He appeals a general judgment declaring that express easements exist on the property of two defendants, that those easements are not appurtenant to plaintiff's property, and that no common-law easement of necessity exists...

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