Dayton v. Jordan

This case arises from the same quiet title action underlying our opinion in Dayton v. Jordan, 279 Or App 737, 381 P3d 1031 (2016) (Dayton I), and involves the parties’ competing interests in a road that runs through Stephen Dayton and Carolyn Dayton’s (plaintiffs) property and provides access to the Oregon Dunes. In Randy Jordan and Sun Buggy Fun Rentals, Inc.’s (defendants) second counterclaim, the only claim at issue in this appeal, defendants sought a declaration that they have an easement “implied from prior use” over the disputed road and sought to enjoin plaintiffs from interfering with…