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NEVIUS v. PALOMARES

A170148.

496 P.3d 1130 (2021)

314 Or. App. 193

John NEVIUS and Mary Von, husband and wife, Plaintiffs-Appellants, v. Efrain PALOMARES and Robyn Palomares, husband and wife, Defendants-Respondents.

Court of Appeals of Oregon.

September 1, 2021.

Attorney(s) appearing for the Case

Peter D. Mohr , Portland, argued the cause for appellants. Also on the briefs was Jordan Ramis PC. On the reply brief was also Christopher K. Dolan .

Montgomery W. Cobb , Portland, argued the cause for respondents. Also on the brief were Montgomery W. Cobb, LLC; and Lewis T. Farmer and The Bridge Law Firm.

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

Plaintiffs filed this action for declaratory and injunctive relief against defendants, asserting that defendants refused to comply with the terms of an easement. Defendants filed a motion to dismiss under ORCP 21 A(1) for lack of subject matter jurisdiction and ORCP 21 A(8) for failure to state ultimate facts sufficient to constitute...

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