Pike v. Wyllie

*122BUTTLER, J.

Petitioners filed a petition for a statutory way of necessity over a road that runs across objectors’ land. ORS 376.150 to 376.200. The county court denied,the petition. The circuit court reviewed de novo and granted the petition. However, it restricted the use of the way to the historical use by petitioners and expressly excluded use by anyone who might obtain any of petitioners’ property through partition or subdivision. It also ordered that the width of the way be the width of the existing road.1 Petitioners appeal, arguing that, although the circuit court correctly granted the…