Allen v. Wells

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming the trial court’s grant of summary judgment, which included a dec- laration of the plaintiff’s rights and a permanent injunc- tion, and reasoning that “the court had authority to award supplemental relief ‘whenever necessary or proper’ ” under ORS 28.080
• affirming the trial court’s grant of summary judgment, which included a dec- laration of the plaintiff’s rights and a permanent injunc- tion, and reasoning that “the court had authority to award supplemental relief ‘whenever necessary or proper’ ” under ORS 28.080
• “easement rights are limited to uses that are ‘reasonably necessary’ to accomplish the easement’s intended purpose”
• the scope of the deed which identifies a purpose includes that which is “‘reasonably necessary’ to accomplish the easement’s intended purpose”
• “The terms of an unambiguous easement will generally define its intended purpose”
• in a declaratory judgment action, “the parties bear the same burden of production and persuasion that they would have in an ordinary action to enforce rights under an easement,” i.e., the party claiming an easement bears the burden to establish its existence

Source: CourtListener parenthetical corpus (CC0).