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MARLOW v. CITY OF SISTERS

A155780.

383 P.3d 908 (2015)

281 Or.App. 462

David V. MARLOW and Sandy L. Marlow, husband and wife, Plaintiffs-Respondents Cross-Appellants, v. CITY OF SISTERS, Defendant-Appellant Cross-Respondent.

Court of Appeals of Oregon.

Argued and submitted February 10, 2015.

Attorney(s) appearing for the Case

Robert E. Franz, Jr., Springfield, argued the cause for appellant-cross-respondent. With him on the briefs was Law Office of Robert E. Franz, Jr.

Martin E. Hansen, Bend, argued the cause for respondents-cross-appellants. With him on the briefs were Sarah E. Harlos and Francis Hansen & Martin LLP.

Before Sercombe, Presiding Judge, and Hadlock, Chief Judge, and Tookey, Judge.

This case arises from a dispute over use and ownership of a tract of land (tract 9) that measures 40 feet by 140 feet and that is located to the north of (and beneath) Main Avenue, an east-west street in Sisters, Oregon. The southernmost part of tract 9 — a strip that measures 15 feet...

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