Miller v. Shenk

In this action under the Uniform Declaratory Judgment Act, ORS 28.010 to 28.160, defendants Terry and Trudy Shenk appeal from a judgment for plaintiff Douglas Miller declaring that plaintiff has an implied easement over defendants’ property for access to plaintiffs undeveloped forest land. Defendants contend that the trial court erred in failing to dismiss the action for failure to join neighboring property owners who defendants contend are necessary parties. On the merits, defendants contend that clear and convincing evidence does not support the trial court’s ruling. Because we agree with…