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ALBANY & EASTERN RAILROAD CO. v. MARTELL

(CC 13CV00291)(SC S066941).

469 P.3d 748 (2020)

366 Or. 715

ALBANY & EASTERN RAILROAD COMPANY, an Oregon corporation, Respondent on Review. v. Michael MARTELL and Cindy Martell, a married couple; John Harcrow and Elaine Harcrow, a married couple; Jeffrey Kaiser and Beyerly Kaiser, a married couple; Joanne Fagan, an individual; Ray McMullen and Michelle McMullen, a married couple; Jeremy Orr and Karen Orr, a married couple; Richard Hutchins and Jill Hutchins, a married couple; Laura Mithoug, an individual, Petitioners on Review.

Supreme Court of Oregon, En Banc.

July 23, 2020.

Attorney(s) appearing for the Case

Dan Armstrong, Heilig Misfeldt & Armstrong, LLP, Corvallis, argued the cause and filed the briefs for the petitioners on review.

Martin E. Hansen, Francis Hansen & Martin, LLP, Bend, argued the cause and filed the brief for respondent on review. Also on the briefs was Christopher J. Manfredi, Bend.

This case requires us to consider once again the circumstances in which one's use of another's property gives rise to a prescriptive easement. Following a bench trial, the trial court determined that the residents of a small neighborhood (or their predecessors) who since 1942 have used a railroad crossing on a private roadway to access...

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