FIREBAUGH v. BORING

No. CC 77-578; CA 11050; SC 26139.

607 P.2d 155 (1980)

288 Or. 607

L. David FIREBAUGH and Irene Firebaugh, Husband and Wife, Petitioners, v. Edwin L. BORING and Lorna L. Boring, Husband and Wife, Respondents.

Supreme Court of Oregon.

Decided February 26, 1980.


Attorney(s) appearing for the Case

Thomas E. Sweeney, Cannon Beach, argued the cause and filed a brief for petitioners.

Dan Van Thiel, of Anderson, Fulton, Lavis & Van Thiel, Astoria, argued the cause and filed a brief for respondents.

Before DENECKE, C.J., and HOLMAN, HOWELL, LENT, LINDE, and PETERSON, JJ.


PETERSON, Justice.

In 1977 the defendants deposited a load of dirt in a private roadway, preventing the plaintiffs from using the roadway to reach their house, which was then under construction. The plaintiffs removed the dirt and thereafter filed this suit to (1) quiet title to a claimed prescriptive easement in the plaintiffs over the defendants' land, and (2) to enjoin defendants permanently from blocking or interfering with the easement. The trial court granted...

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