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SKIDMORE v. CLARK

01-CV-0026; A123598.

135 P.3d 367 (2006)

205 Or. App. 592

Ellis Dee SKIDMORE, Elaine N. Skidmore, Eleta Dawn Skidmore, Eric D. Skidmore, and Ember Ann Skidmore, Respondents, v. Gordon CLARK and Niki Jo Clark, Appellants.

Court of Appeals of Oregon.

Decided May 10, 2006.

Attorney(s) appearing for the Case

Thomas W. Sondag, Portland, argued the cause and filed the briefs for appellants. With him on the briefs were Sumner & Silvertooth, Paul F. Sumner, and Lane Powell Spears Lubersky LLP.

Steven D. Bryant, Redmond, argued the cause and filed the brief for respondent. With him on the brief was Bryant, Emerson & Fitch, LLP.

Before WOLLHEIM, Presiding Judge, and HASELTON and SCHUMAN, Judges.

WOLLHEIM, J.

Defendants, the Clarks, appeal from a judgment of the trial court granting plaintiffs, the Skidmores, a prescriptive easement to roadways over the Clarks' property. The Clarks assign error to the trial court's determination that the Skidmores' use of the roadways was adverse. On de novo review, Montagne v. Elliott, 193 Or.App. 639, 649, 92 P.3d 731 (2004), we reverse...

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