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UNDERHILL v. PROCK

A164671.

449 P.3d 891 (2019)

299 Or. App. 186

B. LaVelle UNDERHILL, AS TRUSTEE OF the B. LAVELLE UNDERHILL REVOCABLE LIVING TRUST, DATED JANUARY 20, 2011, Petitioner-Respondent, v. Steven A. PROCK and Kittie M. Prock, Trustees of the Steven A. Prock and Kittie M. Prock Family Trust dated August 2, 2007; D. Wendell Clodfelter and Joyce E. Clodfelter, husband and wife, Respondents-Appellants, and Ivan Skoro, et al, Respondents below.

Court of Appeals of Oregon.

August 28, 2019.

Attorney(s) appearing for the Case

Andrew J. Myers The Dalles, argued the cause for appellants. Also on the briefs was Peachy & Myers, P.C.

Katie Jo Johnson Poertland, argued the cause for respondent. Also on the brief were McEwen Gisvold, LLP, and Victor W. VanKoten and Annala, Carey, Thompson, VanKoten & Cleaveland, P.C.

Before Lagesen, Presiding Judge, and James, Judge, and Sercombe, Senior Judge.

Petitioner filed a petition in circuit court to establish a way of necessity. The court dismissed the action because the county governing body, which in the normal course would hear and determine the petition, had not transferred jurisdiction to establish ways of necessity to the circuit...

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