Denison v. Hodge

Plaintiff brought this action for trespass, ejectment, and declaratory relief in order to assert his right to land that borders the Alsea River in Lincoln County. After a trial, the court held that defendant Hodge Oregon Properties, LLC (defendant), is the owner of the land, entered a declaratory judgment accordingly, and dismissed all of the parties’ other claims as moot. Plaintiff appeals, and we reverse.

Plaintiff owns a parcel of land that was originally part of a larger parcel that also included the neighboring land that defendant owns.1 Plaintiffs parcel was created out of that larger…