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Walden v. Schaffer

Oregon Court of Appeals
Apr 22, 1992
828 P.2d 1064 (Or. Ct. App. 1992)

Opinion

90-3303-E-2; CA A69331

Argued and submitted April 3, 1992

Reversed and remanded April 22, 1992

Appeal from Circuit Court, Jackson County.

Loren L. Sawyer, Judge.

Charles M. McNair, Medford, argued the cause for appellant. With him on the brief were Nathan J. Heath and Fowler, Alley McNair, Medford.

Thomas C. Howser, Ashland, argued the cause for respondents. With him on the brief was Howser Munsell, P.C., Ashland.

Before Warren, Presiding Judge, and Joseph, Chief Judge, and Edmonds, Judge.


PER CURIAM

Reversed and remanded.


Defendant is the owner of a tract of land over which a nonexclusive easement for the benefit of plaintiffs was created by the parties' common grantor. Plaintiffs brought this proceeding to enjoin the use being made of the easement by defendant, and the trial court granted them a summary judgment.

The summary judgment record demonstrates unresolved questions of fact concerning the reasonableness of defendant's use. Summary judgment was inappropriate.

Reversed and remanded.


Summaries of

Walden v. Schaffer

Oregon Court of Appeals
Apr 22, 1992
828 P.2d 1064 (Or. Ct. App. 1992)
Case details for

Walden v. Schaffer

Case Details

Full title:Philip WALDEN and Pat Walden, Respondents, v. Andrea SCHAFFER, Appellant

Court:Oregon Court of Appeals

Date published: Apr 22, 1992

Citations

828 P.2d 1064 (Or. Ct. App. 1992)
828 P.2d 1064