ENTRY FORM

CALENDAR STATUS: Active
SC Number:
S066941
CA Number:
A161921
Case Title:
Albany & Eastern Railroad Company v. Michael Martell
Date:
03/12/2020
Time:
10:30 AM
Location:
2850 Broadway Street NE, Salem, Case 2
Attorneys:
Daniel Clark Armstrong on behalf of Joanne Fagan, Elaine Harcrow, John Harcrow, Jill Hutchins, Richard Hutchins, Beverly Kaiser, Jeffrey Kaiser, Cindy Martell, Michael Martell, Michelle McMullen, Ray McMullen, Laura Mithoug, Jeremy Orr, and Karen Orr
Martin E Hansen on behalf of Albany & Eastern Railroad Company
Comments:
Statement of Issues:

(1) Whether the nature of the railroad crossing at issue is such that defendants' use of the crossing was likely to have put the railroad on notice that the use was adverse.

(2) Whether there is evidence that defendants' use of the crossing interfered with the railroad's use of its property.

(3) Whether the railroad purchased its property with notice of defendants' allegedly adverse 75-year use of the crossing.

(4) Whether use of a railroad crossing by vehicles is fundamentally different in character from common use of a road, such that it gives rise to a presumption of adversity or constitutes evidence of adversity.

These summaries of cases are prepared for the benefit of members of the media to assist them in reporting the court's activities to the public. Parties and practitioners should not rely on the summaries, or the statement of issues to be decided in the summaries, as indicating the questions that the Supreme Court will consider. Regarding the questions that the Supreme Court may consider, see Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:
Merit BriefsSC066941_365or721BRMP.pdfSC066941_365or721BRMP.pdfSC066941_365or721BRMR.pdfSC066941_365or721BRMR.pdfSC066941_365or721BRRP.pdfSC066941_365or721BRRP.pdf


Last Revised: 02/26/2020