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BEERS v. BROWN

CV00316; A122059.

129 P.3d 756 (2006)

204 Or. App. 395

Margaret C. BEERS and The Beers Family Trust, Respondents, v. Gregory C. BROWN and Irmingard U. Brown, dba Riverwood Golf Course, Appellants.

Court of Appeals of Oregon.

Decided February 15, 2006.

Attorney(s) appearing for the Case

Terrence Kay, P.C., Salem, argued the cause and filed the briefs for appellants.

Gina Anne Johnnie, Salem, argued the cause for respondents. With her on the brief were Lincoln Scoffield and Sherman, Sherman, Johnnie & Hoyt, LLP.

Before LANDAU, Presiding Judge, and ORTEGA and ROSENBLUM, Judges.

ROSENBLUM, J.

Defendants own and operate a golf course and driving range on property adjacent to plaintiff's home and property.1 Plaintiff brought this action for nuisance, trespass, and negligence based on her allegation that golf balls hit from defendants' driving range were landing on her property and hitting her house. Among other defenses, defendants asserted that they had obtained a prescriptive easement giving them the right to...

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