Foster Auto Parts, Inc. v. City of Portland

Defendant City of Portland appeals from a judgment that held that plaintiff has a prescriptive easement in a private driveway that joins a city road. Defendant argues that plaintiff has no right to the easement, in part because plaintiff failed to secure a permit for the driveway in violation of relevant municipal ordinances and state statutes. On de novo review, we affirm.

Plaintiff owns and operates a large business located at 103rd Avenue and Foster Road in Portland. Beginning in 1962, plaintiff used a dirt and gravel driveway as one means of access to its property from Foster Road. The…