Weathers v. M. C. Lininger & Sons, Inc.

This is a declaratory judgment action, ORS 28.020, to determine the rights of the parties under an agreement dated November 19, 1980, titled “Agreement for Mining, Sales and Processing of Basaltic Shale Rock, Topsoil and By-Products Thereof.” Plaintiffs, owners of the land which is the subject of the agreement, sought a declaration that: (1) a price-fixing provision is a restraint of trade in violation of ORS 646.725 and is illegal, causing the entire agreement to be void and unenforceable; (2) plaintiffs are entitled to use the road traversing the land for access to adjacent land; and (3)…