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Mund v. English

Oregon Court of Appeals
684 P.2d 1248 (Or. Ct. App. 1984)


Facts

In 1977, the plaintiffs and the defendant, along with the defendant’s husband, purchased two adjoining parcels of land. They drilled a well on the defendant’s property and installed equipment so that both properties received water from the well. The parties shared the expenses. Relying on being able to receive water from the well, the plaintiffs built a residence on their land, which has no other source of water. The parties then disagreed over the allocation of the water, and took their disagreement to court. The plaintiffs claimed that the parties had agreed that they would have permanent access to the well. The defendant claimed that the parties had only agreed that the plaintiffs would have a revocable license to use the well. The trial court found that the plaintiffs failed to show that the parties had agreed that the plaintiffs would have a permanent interest in the well, and entered judgment for the defendant. The plaintiffs appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Rossman, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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