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POWERS RANCH CO. v. PLUM CREEK MARKETING

07CV0759; A142396.

258 P.3d 1275 (2011)

243 Or. App. 371

POWERS RANCH COMPANY, INC., an Oregon corporation, Plaintiff-Appellant, v. PLUM CREEK MARKETING, INC., an Oregon corporation; and Plum Creek Timberlands LP, an Oregon limited partnership, and all other person or persons, known or unknown, claiming any right, title, lien or interest in the property described in the complaint herein, Defendants-Respondents.

Court of Appeals of Oregon.

Decided June 8, 2011.

Attorney(s) appearing for the Case

Janet M. Schroer, Portland, argued the cause for appellant. With her on the briefs was Hoffman, Hart & Wagner, LLP.

R. Daniel Lindahl, Portland, argued the cause for respondents. With him on the brief were Matthew C. Casey and Bullivant Houser Bailey, PC.

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

SCHUMAN, P.J.

This case concerns a boundary dispute. Plaintiff argues that the trial court erred in concluding that the true boundary between the properties had not been moved through operation of doctrines known as "boundary by agreement" and "boundary by acquiescence." Because neither of those doctrines applies unless the assertedly new boundary resolves an initial dispute or uncertainty as to the original boundary, and...

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