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BOLDUC v. THOMPSON

05CV0801; A134700.

245 P.3d 131 (2010)

238 Or. App. 625

Joe BOLDUC and Dixie J. Bolduc, Plaintiffs-Respondents, v. Brian THOMPSON; Lakes End, LLC; and Brian Thompson, Trustee of the Brian Thompson Trust Dated April 27, 2004, Defendants-Appellants.

Court of Appeals of Oregon.

Decided November 17, 2010.

Attorney(s) appearing for the Case

Michael D. Vergamini , Eugene, argued the cause for appellants. On the opening brief were Amy S. Campbell and Ball Janik LLP. On the reply brief was Michael Vergamini .

George W. Kelly, Eugene , argued the cause and filed the brief for respondents.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

Although it is said that good fences make good neighbors, sometimes, they make messy lawsuits. This is such a case. Plaintiffs possess an easement to use a roadway across the northern portion of defendant's1 property to obtain access to their property. Defendant plans to construct a gate across the easement and to build a fence connecting that gate to the boundary between the parties' properties. Plaintiffs objected and initiated...

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