Nice v. Priday

In this action for a statutory way of necessity, ORS 376.150 to ORS 376.200, 1 we must determine whether the trial court erred in granting defendants’ motion for summary judgment on the ground that plaintiffs’ action is barred by the doctrine of claim preclusion. Because the parties do not dispute the relevant facts, we review to determine whether defendants are entitled to judgment as a matter of law. ORCP 47 C. We reverse and remand.

Plaintiffs own the north quarter of a section of land in Wasco County. Defendants own the remaining three-quarters of that section, as well as land to the south…