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RECK LLC v. BIRD

A182372.

562 P.3d 1143 (2025)

337 Or. App. 374

RECK LLC, a domestic limited liability company; Chris Borgerding; Alvin Decker; Lee Kaseberg; Donald Richelderfer; Terry Kaseberg; Larry Thompson; David Wehinger; Kathleen Keihert; and Gary MacNab, Plaintiffs-Respondents, v. David BIRD and Lynda Bird, husband and wife, Defendants-Appellants.

Court of Appeals of Oregon.

January 8, 2025.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellants.

Bruno J. Jagelski, Ontario, argued the cause for respondents. Also on the brief were Simmone Landau and Yturri Rose, LLP.

Before Tookey, Presiding Judge, Kamins, Judge, and Nakamoto, Senior Judge.

Defendants appeal from a judgment, entered after the trial court granted plaintiffs' motion for summary judgment, declaring that plaintiff Reck LLC has an implied easement and that plaintiffs Borgerding, et al. (the Borgerdings), have a prescriptive easement for the use of a gravel road over defendants' property. On appeal, defendants...

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