LUTE v. CASCADIA TOWER INC.

A178984.

561 P.3d 112 (2024)

336 Or. App. 155

Kyle Steven LUTE, Kari Danielle Lute, Kelle M. Lute, and Donald Scott Lute, individuals, Plaintiffs-Appellants, v. CASCADIA TOWER INCORPORATED, an Oregon corporation, Defendant-Respondent.

Court of Appeals of Oregon.

November 14, 2024.


Attorney(s) appearing for the Case

Timothy R. Volpert argued the cause for appellants. Also on the briefs were Tim Volpert, P.C., Paul B. Barton and Alex Graven.

Stephen Elzinga argued the cause for respondent. Also on the brief was Sherman, Sherman, Johnnie & Hoyt, LLP.

Before Shorr, Presiding Judge, Pagán, Judge, and Mooney, Senior Judge.


Plaintiffs appeal from the trial court's general judgment declaring that defendant holds a valid easement over plaintiffs' property and declaring the scope of that easement, and a supplemental judgment granting defendant attorney fees and costs. In early 2015, defendant owned the property at issue, which has a cell tower in the southwest...

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