Summary
holding that, when seeking an easement in a preexisting road, the plaintiff must affirmatively establish adversity
Summary of this case from Waters v. Klippel Water, Inc.Opinion
CC 101215E3 SC S063486
02-02-2017
John B. WELS, Jr., Respondent on Review, v. Douglas W. HIPPE, Defendant, and Le Roy Hippe and Cheryl Hippe, Petitioners on Review.
Clayton C. Patrick, Clatskanie, filed the petition for reconsideration for petitioners on review. No appearance contra.
Clayton C. Patrick, Clatskanie, filed the petition for reconsideration for petitioners on review.
No appearance contra.
Before, Balmer, Chief Justice, and Kistler, Walters, Landau, Baldwin, and Brewer, Justices, and DeHoog, Judge of the Court of Appeals, Justice pro tempore.
Nakamoto, J., did not participate in the consideration or decision of this case.
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LANDAU, J.Defendants have petitioned for reconsideration of our opinion in Wels v. Hippe , 360 Or. 569, 385 P.3d 1028 (2016). Defendants prevailed but seek clarification of our instruction remanding the case to the trial court for further proceedings. Defendants assert that this instruction requires the trial court to vacate its original judgment in favor of plaintiff and enter judgment in favor of defendants, rather than holding a new trial and allowing plaintiff to present further evidence. We agree that clarification is warranted as follows: The case is remanded to the circuit court for entry of judgment in defendants' favor, and the award of costs is modified accordingly.The petition for reconsideration is allowed. The former opinion is modified and adhered to as modified.