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ALBANY & EASTERN RAILROAD CO. v. MARTELL

(CC 13CV00291)(SC S066941).

469 P.3d 748 (2020)

366 Or. 715

ALBANY & EASTERN RAILROAD COMPANY, an Oregon corporation, Respondent on Review. v. Michael MARTELL and Cindy Martell, a married couple; John Harcrow and Elaine Harcrow, a married couple; Jeffrey Kaiser and Beyerly 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, Petitioners on Review.

Supreme Court of Oregon, En Banc.

July 23, 2020.

Attorney(s) appearing for the Case

Dan Armstrong , Heilig Misfeldt & Armstrong, LLP, Corvallis, argued the cause and filed the briefs for the petitioners on review.

Martin E. Hansen , Francis Hansen & Martin, LLP, Bend, argued the cause and filed the brief for respondent on review. Also on the briefs was Christopher J. Manfredi , Bend.

This case requires us to consider once again the circumstances in which one's use of another's property gives rise to a prescriptive easement. Following a bench trial, the trial court determined that the residents of a small neighborhood (or their predecessors) who since 1942 have used a railroad crossing on a private roadway to access...

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