Legal Opinion

Montagne v. Elliott

Court of Appeals of Oregon

Decided September 18, 1996No. 90-382-L-2; CA A79522PublishedCited by 2 opinions

1Opinion of the CourtRiggs, P. J.

Plaintiffs brought this action for declaratory and injunctive relief, seeking to determine the scope and status of alleged easements and a county-approved “way” over defendants Elliotts’ property and to enjoin Elliotts from interfering with plaintiffs’ access to their property. Elliotts sought a determination that the way is invalid and in the alternative filed a cross-claim against Ireland, plaintiffs’ and defendants’ predecessor in interest, seeking a declaration obligating Ireland to construct a road on the way, that the road be constructed to county standards, and that the way serve only…

2Cases cited3 opinions

  1. Brooks v. DierkerOregon Supreme Court · 1976
  2. Campbell v. Board of County CommissionersCourt of Appeals of Oregon · 1991
  3. Woodcock v. Land Conservation & Development CommissionCourt of Appeals of Oregon · 1981

3Cited by2 opinions

  1. Bloomfield v. WeaklandCourt of Appeals of Oregon · 2008
  2. Montagne v. ElliottCourt of Appeals of Oregon · 2004

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