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TYSKA v. PREST

(CV95-0977; CA A96612)

988 P.2d 392 (1999)

163 Or. App. 219

In the Matter of the Application of Kay Prest for Way of Necessity, Alexander TYSKA, Appellant-Cross-Respondent, v. Kay PREST, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided October 13, 1999.

Attorney(s) appearing for the Case

Steven N. Thomas, Pendleton, argued the cause and filed the briefs for appellant-cross-respondent.

John U. Grove, Milton Freewater, argued the cause for respondent-cross-appellant. With him on the briefs were Monahan, Grove, Tucker & Wallace.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

DEITS, C.J.

Alexander Tyska seeks review of a trial court judgment granting a way of necessity to Kay Prest for ingress and egress over 71.5 feet of driveway owned by Tyska. Prest cross-appeals on the amount of attorney fees awarded. On de novo review, ORS 19.205 and ORS 19.425(3), we reverse on the appeal and affirm on the cross-appeal.

Prest's three-acre parcel (Prest property), for which she requested the way of necessity, was originally part of...

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