Sea River Properties, LLC v. Parks
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Plaintiff Sea River Properties, LLC and defendant Loren Parks owned adjoining parcels of land on the central Oregon coast. After the United States government built two jetties to contain the Nehalem River, the ocean and wind deposited sand and silt onto the upland, creating approximately 40 acres of land west of those lots and south of the Nehalem River’s southern jetty. The primary issue in this case was who owned those 40 acres. Plaintiff filed this action to quiet title to the property, arguing that it owned the property on the basis of its record title, through the law of accretion, or by adverse possession. Defendant counterclaimed, contending that those same legal theories led to the conclusion that he held title to the property. After a two week bench trial, the trial court found that plaintiff’s predecessors in interest took title to the disputed property through the law of accretion. The trial court also ruled, that defendant later acquired title to the property through adverse possession. The trial court accordingly entered judgment giving defendant title to the disputed property. Plaintiff appealed, challenging the trial court’s ruling on adverse possession. Defendant also appealed, challenging the trial court’s ruling on accretion. The Court of Appeals affirmed the judgment, concluding that defendant’s predecessors in interest had acquired title to the disputed property through the law of accretion. Upon review of the matter, the Supreme Court reversed the Court of Appeals and the trial court’s judgment and remanded the case for further proceedings.
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