Grant County v. Arcanum Institute, Inc.

Defendants Arcanum Institute and Seal appeal, assigning error to the trial court’s dismissal of one of plaintiffs claims after a full trial on the merits. ORCP 54 B(2). We affirm.

Grant County (plaintiff) brought this action, seeking a declaration that the “Standard Creek Road” over defendants’ property was a public road, and further seeking an injunction restraining defendants from blocking that road. Plaintiffs complaint alleged four causes, of action: a statutory right-of-way pursuant to former 43 USC § 932; 2 express grant of right-of-way; public road by prescription; and implied…