Court of Appeals of Oregon, 1987

Grant County v. Mascall

Grant County v. Mascall
Court of Appeals of Oregon · Decided July 22, 1987 · Joseph, Richardson, Warren
86 Or. App. 532; 738 P.2d 1392

Grant County v. Mascall

Opinion of the Court

PER CURIAM

In this declaratory judgment action plaintiff county appeals from the portion of the judgment holding that neither it nor the public have acquired a prescriptive easement over certain roads located on property owned by defendant Mas-call. We find that the evidence did not clearly or convincingly establish an open and notorious use of defendant’s land, adverse to her rights, for a continuous and uninterrupted period of 10 or more years. See Thompson v. Scott, 270 Or 542, 546, 528 P2d 509 (1974). It is unnecesary for us to reach plaintiffs legal arguments, and we emphasize that our decision is based solely on our de novo finding.

Affirmed.

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