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KUTZ v. LEE

A162018.

422 P.3d 362 (2018)

291 Or. App. 470

Robert P. KUTZ and Karon V. Johnson Kutz, Plaintiffs-Appellants, v. Olen H. LEE, Lois E. Lee, Katherine Fetz Hagstrom, Central Oregon Irrigation District, Stephen C. and Carol A. Younger Revocable Trust, Defendants-Respondents, and Marcia Legg, et al., Defendants.

Court of Appeals of Oregon.

April 25, 2018.

Attorney(s) appearing for the Case

Robert P. Kutz and Karon V. Johnson Kutz filed the briefs pro se.

Matthew Singer, Garrett S. Garfield, and Holland & Knight LLP filed the brief for respondent Central Oregon Irrigation District.

No appearance for respondents Olen H. Lee, Lois E. Lee, Katherine Fetz Hagstrom, and Stephen C. and Carol A. Younger Revocable Trust.

Before DeHoog, Presiding Judge, and Hadlock, Judge, and Aoyagi, Judge.

Plaintiffs filed this action for declaratory and injunctive relief against a group of private landowners and the Central Oregon Irrigation District (COID), asserting the existence of a public easement on land that defendant landowners own and on which defendant COID has its own easement. Defendants filed motions to dismiss under ORCP...

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