Garza v. Grayson

This is a declaratory judgment proceeding in which plaintiffs seek a declaration establishing the existence of an easement over defendants’ land for the construction and maintenance of a service line serving plaintiff’s adjoining land. The case was tried without a jury. Defendants appeal from a decree granting the relief sought by plaintiffs.

Bjorn Gadeholt was the owner of Lots 579 and 580 in Lake View Villas, a subdivision in Lake Oswego then in the process of development. Gadeholt’s lots were not served by an existing sewer system. The city was in the process of providing a sewer system for…