Oltmanns v. Lewis

Plaintiff brought this declaratory judgment action seeking to establish the existence of an easement. Defendants1 appeal from the grant of summary judgment in favor of plaintiff, arguing that questions of material fact still exist. We reverse and remand.

In reviewing a grant of summary judgment, we view the record in the light most favorable to the party opposing summary judgment. Here, plaintiff must establish that there is no issue as to any material fact and that she is entitled to judgment as a matter of law. Seeborg v. General Motors Corporation, 284 Or 695, 699, 588 P2d 1100 (1978).

In…