Smo v. Swall

Petitioner Smo brought this proceeding for supplemental relief under ORS 28.080 to recover costs for maintenance of a footbridge located on respondent’s1 property and over which petitioner has an access easement to her own property pursuant to an agreement between the parties’ predecessors. In Smo v. Black, 93 Or App 234, 761 P2d 1339 (1988), we affirmed the portions of the trial court’s underlying declaratory judgment holding that the agreement was valid, that it created a perpetual easement and that “maintenance” costs for the footbridge were to be allocated between respondent and…