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MORASCH v. HOOD

051010891; A134436.

222 P.3d 1125 (2009)

232 Or. App. 392

Michael MORASCH and Denise Downey, Plaintiffs-Appellants, v. Greg HOOD, an individual; Barbara Hood, an individual; Thomas J. Hood, an individual; Hood Custom Homes, LLC, an Oregon limited liability company; F.A. Lesick, an individual; and J.L. Thompson, an individual, Defendants-Respondents, and Alexander Bondarchuck, an individual; and Tatyana Bondarchuck, an individual, Defendants.

Court of Appeals of Oregon.

Decided December 9, 2009.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellants. With him on the briefs were Stoel Rives LLP, and Matthew A. Wand and Wand Maddoux LLC.

Thomas W. Brown, Portland, argued the cause for respondents Greg Hood, Hood Custom Homes, LLC, F.A. Lesick, and J.L. Thompson. With him on the brief were Julie A. Smith and Cosgrave Vergeer Kester LLP.

Mark M. McCulloch, Portland, argued the cause for respondents Barbara Hood and Thomas Hood. With him on the brief were Keith Shepherd, Corey Tolliver, and Powers, McCulloch & Bennett, LLP.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

This case arises out of a sale of real property to plaintiffs by defendants Thomas Hood and Barbara Hood (the Hoods). Plaintiffs brought suit against the Hoods along with their son, Greg Hood (Greg), his construction company, Hood Custom Homes, LLC (HCH), and several other defendants. In their complaint, among other things, plaintiffs alleged claims for an express or implied easement benefitting their property,

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