Braat v. Aylett

Petitioner applied for a statutory way of necessity under ORS 376.105. The county court granted the way, and the landowners appealed to the circuit court which also granted the way.

We have examined the file and read the trans*796cript of the testimony taken in the circuit court. We approve and adopt the following opinion of the circuit court:

“Arnold Braat petitioned the County Court of Morrow County to establish a way of necessity adjacent to the railroad right of way across property owned by J. W. Aylett and Juanita Aylett in order that he might reach a landlocked 49.81 acre tract owned by him.…