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SANDER v. McKINLEY

070812897; A140385.

250 P.3d 939 (2011)

241 Or. App. 297

Laurel SANDER; Robert Rothfeder; Cynthia Rothfeder; Jeffrey Kuhn; Gary White; Diane White; Tracy Armstrong Stansfield, Trustee of the 2002 Separate Property Trust; and Brylan Schultz, Plaintiffs-Respondents, v. J. Brent McKINLEY and Connie K. McKinley, husband and wife, Defendants-Appellants.

Court of Appeals of Oregon.

Decided March 2, 2011.

Attorney(s) appearing for the Case

Thomas W. Sondag , Portland, argued the cause for appellants. With him on the briefs were Hostetter Knapp, LLP, D. Rahn Hostetter , and Lane Powell PC.

Timothy J. O'Hanlon , Pendleton, argued the cause for respondents. With him on the brief was Mautz Baum & O'Hanlon LLP.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

This is an action by plaintiffs for a prescriptive easement across defendants' land. Beginning around 1970, plaintiffs' predecessors in interest, the Vosses, used a primitive road across what is now defendants' land to access their land, what is now plaintiffs' land. In 1993 or 1994, defendants' predecessors in interest, the Olcotts, put up a fence across the road and put a gate at the end of the fence, rather than in the middle, where the road was,...

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