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HITCHMAN v. HUDSON

No. 94314; CA 10247.

594 P.2d 851 (1979)

40 Or.App. 59

Eugene W. HITCHMAN, Ann B. Hitchman, John Beck, Dollie Beck, Richard Stober and Michelle Stober, Respondents, v. George W. HUDSON and Annie H. Hudson, Fred Daufel, Carl R. Clymens, Charles Ringuette, Gary Knepper, Lenay Knepper, Robert Chambers, Anne Chambers, Barbara Daufel, Bruce Broetje, Marjorie Broetje, Gordon Jones, Doris Jones and Betty Prakken, Alice Clymens, Robert Peebler, and Joyce Peebler, J. Gordon Prakken, and Marion Ringuette, Appellants. Dietz Airpark Homeowners Association, an Unincorporated Association, Marion L. Bixel, Howard Means, Anne Means, Marvin DeVore, Earlyne DeVore, Dale H. Emerson, Donald Ford, Carol Ford, E.H. Fletcher, Ruby Fletcher, Guy Griffin, Donna Griffin, Richard Schulenberg, Lorraine Schulenberg, Verlyn Kraxberger, Darline Kraxberger, Max Bent, Iola Bent, Ed Adamson, Ethel Adamson, Claud Arneson, Mabelle Arneson, Melvin Ness, Marlene Ness, Clarence Easton, Juanita Easton, Milton Kingsland, Jennie Kingsland, Wesley Blake, Ruth Milena Blake, Doris Jones, W.W. Morrison, Helen Morrison, George Perreault, Bernice Perreault, F.D. Colton, John Perreault, Hwan Ja Perreault, William F. Burr, Diane Conrad, and Floyd Goodat, Personal Representative of the Estate of Walter Goodat, Deceased, Defendants.

Court of Appeals of Oregon.

Decided May 7, 1979.

Attorney(s) appearing for the Case

J. David Bennett and Randall L. Dunn, Portland, argued the cause for appellants Fred Daufel, Carl R. Clymens, Charles Ringuette, Gary Knepper, Lenay Knepper, Robert Chambers, Anne Chambers, Barbara Daufel, Bruce Broetje, Marjorie Broetje, Gordon Jones, Doris Jones and Betty Prakken, Alice Clymens, Robert Peebler, and Joyce Peebler, J. Gordon Prakken, and Marion Ringuette. With them on the briefs was Keane, Harper, Pearlman & Copeland, Portland.

Edward H. Warren, Portland, argued the cause for appellants George W. Hudson and Annie H. Hudson. With him on the brief were Jack H. Cairns, and Acker, Underwood, Beers, Smith & Warren, Portland.

Brian M. Sullivan, Portland, argued the cause for respondents. With him on the brief was Rask & Hefferin, Portland.

Before SCHWAB, C.J., and BUTTLER and JOSEPH, JJ.

BUTTLER, Judge.

Plaintiffs, members of the Dietz Airpark Homeowners Association, filed this suit to quiet title to Tract A, a 50-foot wide strip of land which is a combined taxiway and roadway passing through the two existing Dietz Airpark subdivisions. Plaintiffs sought, and the trial court granted, a decree declaring that the defendants Hudsons, who owned property south of the subdivisions, had no right, title or interest in Tract A, and enjoining them from asserting...

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