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CRITERION INTERESTS v. DESCHUTES CLUB

CC90-92; CA A81541.

902 P.2d 110 (1995)

136 Or. App. 239

CRITERION INTERESTS, INC., an Oregon corporation, and The Conservation Fund, a Maryland non-profit corporation, Respondents, v. The DESCHUTES CLUB, an Oregon non-profit corporation, Appellant.

Court of Appeals of Oregon.

Decided September 6, 1995.

Reconsideration Granted October 18, 1995.

Attorney(s) appearing for the Case

Thomas H. Tongue, Portland, argued the cause for appellant. With him on the briefs were G. Kenneth Shiroishi and Dunn, Carney, Allen, Higgins & Tongue.

Jacob Tanzer, Portland, argued the cause and filed the brief for respondent.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

DEITS, Presiding Judge.

In this action to quiet title and for declaratory relief, the trial court ruled that plaintiff Criterion Interests, Inc., has the right to use access easements over defendant's, The Deschutes Club, property "for unlimited reasonable purposes," including "recreational purposes." Defendant appeals and argues that the easements were intended only for agricultural use—originally in connection with...

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