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GHIGLIERI v. TOMALAK

A167699.

469 P.3d 262 (2020)

304 Or. App. 717

Michael P. GHIGLIERI, Plaintiff-Respondent, v. Eric S. TOMALAK and Holly Anne Tomalak, Trustees of the Eric S. Tomalak Living Trust, Defendants-Appellants.

Court of Appeals of Oregon.

June 17, 2020.

Attorney(s) appearing for the Case

Michael W. Franell filed the briefs for appellants.

Joseph M. Charter filed the brief for respondent.

Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi, Judge.

This is an easement dispute between neighboring landowners. Plaintiff brought this action alleging that he has an express or implied easement over a portion of defendants' property and that defendants have interfered with that easement by building a fence. The trial court ruled on summary judgment that plaintiff has an implied easement...

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