Legal Opinion

Smo v. Black

Court of Appeals of Oregon

Decided October 5, 1988No. E82-1775; CA A41677PublishedCited by 6 opinions

1Opinion of the CourtRichardson, P. J.

Plaintiff brought this action for a declaratory judgment to establish her right to an easement over defendants’ property. The dispute centers on plaintiffs rights to park on defendants’ land and to use a footbridge spanning the Smith River. The trial court ruled in favor of plaintiff, and defendants appeal. We affirm in part and reverse in part.

Defendants own a ranch of about 272 acres along the Smith River. Two acres, containing their residence, are located on the west side of the river along Smith River Road; the balance is across the river. Plaintiffs property also lies across the river…

2Cases cited8 opinions

  1. Artman v. RayOregon Supreme Court · 1972
  2. Thompson v. SchuhOregon Supreme Court · 1979
  3. Dressler v. IsaacsOregon Supreme Court · 1959
  4. Stone-Fox, Inc. v. Vandehey Development Co.Oregon Supreme Court · 1981
  5. Rose Et Ux. v. Denn Et Ux.Oregon Supreme Court · 1949

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3Cited by6 opinions

  1. Jackson v. NashNevada Supreme Court · 1993
  2. Verzeano v. CarpenterCourt of Appeals of Oregon · 1991
  3. Hayward v. EllsworthCourt of Appeals of Oregon · 1996
  4. Bloomfield v. WeaklandCourt of Appeals of Oregon · 2004
  5. Smo v. BlackCourt of Appeals of Oregon · 1989

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