HERSEY v. LEON

A169787.

497 P.3d 763 (2021)

314 Or. App. 227

Nancy HERSEY and Julie Budeau, Plaintiffs-Appellants, v. Christine LEON; Adam Doern and Kathryn Doern, husband and wife; Jeffrey Shivers; Cindy Shivers; Sandra Eymer; Michael Dewitz; Michael Stefan Leoniak; Jeffrey Ommert and Christine Ommert, husband and wife; Kenneth Borslien and Elizabeth Borslien, husband and wife; Edward Jahn and Devon Jahn, husband and wife; Kyle Kraxberger and Fallon Kraxberger, Successors-in-Interest to PPI Consulting, LLC; Abigail Smith; Todd Loewy and Leah Loewy, husband and wife; Jim Samuels; Molly Little; Charles Hinkle; Brock Inman and Amy Gillcrist, husband and wife; Earl Shay and Kathleen Shay, husband and wife; Robert Weaver and Jean Horn, husband and wife; Bank of America, N.A.; Ditech Financial, LLC; and Mortgage Electronic Registration Systems, Inc., Defendants-Respondents, and Keith Kutler, et al., Defendants.

Court of Appeals of Oregon.

September 1, 2021.


Attorney(s) appearing for the Case

Gary M. Bullock , Portland, argued the cause for appellants. Also on the briefs was Gary M. Bullock and Associates, P.C.

Charles F. Hinkle , Portland, argued the cause for respondents Christine Leon, Adam Doern, Kathryn Doern, Jeffrey Shivers, Cindy Shivers, Sandra Eymer, Michael Dewitz, Michael Stefan Leoniak, Jeffrey Ommert, Christine Ommert, Kenneth Borslien, Elizabeth Borslien, Edward Jahn, Devon Jahn, Kyle Kraxberger, Fallon Kraxberger, Abigail Smith, Todd Loewy, Leah Loewy, Jim Samuels, Molly Little, Brock Inman, Amy Gillcrist, Charles Hinkle, Earl Shay, Kathleen Shay, Robert Weaver, and Jean Horn. Also on the brief was Stoel Rives LLP.

Katie Jo Johnson filed the brief for respondent Bank of America N.A. Also on the brief was McEwen Gisvold LLP.

William G. Fig filed the brief for respondent Ditech Financial LLC. Also on the brief was Sussman Shank LLP.

John M. Thomas filed the brief for respondent Mortgage Electronic Registration Systems Inc. Also on the brief was McCarthy & Holthus, LLP.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.


Plaintiff1 appeals from a judgment dismissing her claims for adverse possession and quiet title and declaring that the easement she sought to adversely possess, and quiet title to, remained in full force and effect. The judgment also declares, based on defendants' counterclaims, that the easement constituted a covenant...

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