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ALBANY & EASTERN RAILROAD CO. v. MARTELL

A161921.

445 P.3d 319 (2019)

298 Or.App. 99

ALBANY & EASTERN RAILROAD COMPANY, an Oregon Corporation, Plaintiff-Appellant, v. Michael MARTELL and Cindy Martell, a Married Couple; John Harcrow and Elaine Harcrow, a married couple; Jeffrey Kaiser and Beverly Kaiser, a married couple; Joanne Fagan, an individual; Ray McMullen and Michelle McMullen, a married couple; Jeremy Orr and Karen Orr, a married couple; Richard Hutchins and Jill Hutchins, a Married Couple; Laura Mithoug, an individual, Defendants-Respondents.

Court of Appeals of Oregon.

June 12, 2019.

Attorney(s) appearing for the Case

John E. Kennedy , Lebanon, argued the cause for appellant. Also on the briefs was The Morley Thomas Law Firm.

Dan Armstrong argued the cause for respondents. Also on the brief was Heilig Misfeldt & Armstrong, LLP.

Before DeHoog, Presiding Judge, and Hadlock, Judge, and Powers, Judge.

This case requires us to determine when, for purposes of a prescriptive easement claim, a showing of open and notorious use of land gives rise to a presumption of adversity; more specifically, we must decide whether that presumption is unavailable here, even though the claimants did not have...

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