Lincoln County v. Bruesch

This is a suit by Lincoln county, a political subdivision of this state, to enjoin the defendant Joe Bruesch from trespassing upon the right of way of county road No. 520 and to require the defendant to remove all of his property and equipment therefrom. From a decree dismissing the complaint, the plaintiff county brings this appeal.

The county road in question is known as the South-side Taquina road from Butler’s to Theil creek. The portion lying in sections 35 and 36 of Township 11 South, Range 11 West of the Willamette Meridian has never been completely constructed. Although graded, that…