Walden v. Schaffer

Court of Appeals of Oregon

Walden v. Schaffer

828 P.2d 1064, 112 Or. App. 638, 1992 Ore. App. LEXIS 770

CourtCourt of Appeals of Oregon

DecidedApril 22, 1992

Docket90-3303-E-2; CA A69331

StatusPublished

This text of 828 P.2d 1064 (Walden v. Schaffer) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walden v. Schaffer, 828 P.2d 1064, 112 Or. App. 638, 1992 Ore. App. LEXIS 770 (Or. Ct. App. 1992).

Pincite

Opinion

PER CURIAM

Defendant is the owner of a tract of land over which a nonexclusive easement for the benefit of plaintiffs was created by the parties’ common grantor. Plaintiffs brought this proceeding to enjoin the use being made of the easement by defendant, and the trial court granted them a summary judgment.

The summary judgment record demonstrates unresolved questions of fact concerning the reasonableness of defendant’s use. Summary judgment was inappropriate.

Reversed and remanded.

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PER CURIAM

Defendant is the owner of a tract of land over which a nonexclusive easement for the benefit of plaintiffs was created by the parties’ common grantor. Plaintiffs brought this proceeding to enjoin the use being made of the easement by defendant, and the trial court granted them a summary judgment.

The summary judgment record demonstrates unresolved questions of fact concerning the reasonableness of defendant’s use. Summary judgment was inappropriate.

Reversed and remanded.

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Bluebook (online)

828 P.2d 1064, 112 Or. App. 638, 1992 Ore. App. LEXIS 770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walden-v-schaffer-orctapp-1992.