Robertson v. City of Turner
Court of Appeals of Oregon
1Opinion of the CourtSchuman, J.
Plaintiffs brought this action against defendant, the City of Turner, after it closed a hazardous bridge that provided the only motor vehicle access to plaintiffs’ residential property. The trial court granted the city’s motion for summary judgment, holding that, until plaintiffs had pursued a statutory way of necessity against a third party, their claim was not ripe for adjudication. Because the relevant facts are undisputed, we review only for legal error. We affirm.
Plaintiffs own approximately 20 acres in Turner. Their property lies to the south of a small stream and contains their…
2Cases cited14 opinions
- Agins v. City of TiburonSupreme Court of the United States · 1980
- Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978
- Thornburg v. Port of PortlandOregon Supreme Court · 1962
- Eckles v. State of OregonOregon Supreme Court · 1988
- Lutheran Church in America v. City of New YorkNew York Court of Appeals · 1974
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3Cited by1 opinion
- Tri-County Metropolitan Transportation District of Oregon v. Posh Ventures, LLCCourt of Appeals of Oregon · 2011