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WELS v. HIPPE

101215E3; A150238.

347 P.3d 788 (2015)

269 Ore. App. 785

John B. WELS, Jr., Plaintiff-Respondent, v. Douglas W. HIPPE, Defendant, and Le Roy Hippe and Cheryl Hippe, Defendants-Appellants.

Court of Appeals of Oregon, En Banc.

March 18, 2015.

Attorney(s) appearing for the Case

Clayton C. Patrick , Clatskanie, argued the cause and filed the briefs for appellants.

Lee S. Werdell , Medford, argued the cause and filed the brief for respondent.

Before HASELTON, Chief Judge, and ARMSTRONG, ORTEGA, SERCOMBE, DUNCAN, NAKAMOTO, HADLOCK, EGAN, DeVORE, LAGESEN, TOOKEY, GARRETT, and FLYNN, Judges.

Defendants appeal a judgment declaring that plaintiff has an easement by prescription over a dirt road that runs through defendants' property to his property. To establish a prescriptive easement, plaintiff was required to show, by clear and convincing evidence, that his use (or use by former owners of his property) of the road on defendants...

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