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112 Or. App. 638

Walden v. Schaffer

Court of Appeals of Oregon

Decided April 22, 1992

Court of Appeals of Oregon · decided 1992-04-22

Decided 1992-04-22

PER CURIAM

¶1Defendant 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.

¶2The summary judgment record demonstrates unresolved questions of fact concerning the reasonableness of defendant’s use. Summary judgment was inappropriate.

¶3Reversed and remanded.

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