|CALENDAR STATUS: Active|
|Albany & Eastern Railroad Company v. Michael Martell|
|2850 Broadway Street NE, Salem, Case 2|
|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
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.
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Justice(s) NOT Participating: