Hanneman v. Jones

Plaintiffs brought this declaratory judgment suit, seeking, first, a declaration of rights under an easement executed by plaintiffs’ predecessors in title, the Gibsons, and defendants’ predecessors in title, the McAllisters; and second, a permanent injunction against defendants’ further use of plaintiffs’ property under claim of the easement. Both parties moved for summary judgment pursuant to former ORS 18.105. The court granted plaintiffs’ motion and denied defendants’. Defendants appeal.

The easement which is the subject of this controversy reads:

"EASEMENT

"I, Lee A. McAllister, and I, Nell…