Edwards v. Saleen-Degrange

FILED: September 15, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

KENNETH L. EDWARDS, SHARON A.
EDWARDS, ROBERT W. WEST and
GWENDOLYN F. WEST,
Respondents,

v.

JIM L. SALEEN-DEGRANGE and
EULA SALEEN-DEGRANGE,
Appellants,

and

JIMMIE L. SALEEN-DEGRANGE,
Defendant,

and

LINDA SALEEN-DEGRANGE, RITER H.
DEAN, LENABELLE DEAN and MARTHA K.
STORACI,
Respondents.

________________________________________________________________________

RITER H. DEAN, LENABELLE DEAN
MARTHA K. STORACI, and LINDA
PACHAL, fka Linda Saleen-DeGrange,
Plaintiffs,

v.

YAMHILL COUNTY, a political
subdivision of the State of Oregon,
Third-Party Defendant.

________________________________________________________________________

JIM L. SALEEN-DEGRANGE and
EULA SALEEN-DEGRANGE,
Plaintiffs,

v.

YAMHILL COUNTY, a political
subdivision of the State of Oregon,
Cross-Claim-Defendant.

(CV 94-343; CA A99185)

Appeal from Circuit Court, Yamhill County.

John L. Collins, Judge.

On appellants' petition for reconsideration filed June 18, 1999. Opinion filed June 16, 1999, 161 Or App 156, ___ P2d ___.

Carl R. Neil and Lindsay, Hart, Neil & Weigler LLP for petition.

Before Landau, Presiding Judge, and Wollheim and Brewer, Judges.

BREWER, J.

Reconsideration allowed; disposition modified; summary judgment on existence of road reversed and remanded; those portions of paragraphs 2, 4, and 5 of the trial court's final judgment dated October 3, 1997, relating to boundary between Lots 6, 7, and 8 and Lot 11 and to implied easements in favor of Lots 6, 7, and 8 vacated and remanded; paragraphs 1 and 3 of the judgment for costs and disbursements, dated December 9, 1997, vacated and remanded; otherwise affirmed.

BREWER, J.

In their petition for reconsideration of our decision in Edwards v. Saleen-Degrange, 161 Or App 156, ___ P2d ___ (1999), defendants Jim and Eula Saleen-Degrange suggest that, because we reversed and vacated all or part of the other judgments involved in this case, we should also vacate those portions of the trial court's judgment for costs and disbursements in favor of plaintiffs and defendants Dean and Storaci. We agree and modify the disposition accordingly.

Reconsideration allowed; disposition modified; summary judgment on existence of road reversed and remanded; those portions of paragraphs 2, 4, and 5 of the trial court's final judgment dated October 3, 1997, relating to boundary between Lots 6, 7, and 8 and Lot 11 and to implied easements in favor of Lots 6, 7, and 8 vacated and remanded; paragraphs 1 and 3 of the judgment for costs and disbursements, dated December 9, 1997, vacated and remanded; otherwise affirmed.