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Searcy v. Maslach

2026-08-26

Summary

Holding. The Court of Appeals affirmed the trial court's judgment on both the appeal and cross-appeal, finding that neither party demonstrated error in the trial court's determination of the express easement, the award of attorney fees and costs, or the rejection of the prescriptive easement and interference claims.

Michael Scott Searcy appealed a trial court judgment determining that Michael J. Maslach held an express easement over Searcy's property in Wallowa County, along with a supplemental judgment awarding Maslach attorney fees and costs. Maslach cross-appealed, claiming the trial court wrongly rejected his alternative theories of prescriptive easement and interference with an easement. The appellate court found the trial court had thoroughly analyzed decades-old land conveyances, hearing testimony, and surveyor expert testimony to establish the express easement. Searcy's appellate brief largely restated trial pleadings and asserted general legal principles about easements without demonstrating factual or legal errors in the trial court's findings or analysis.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether an express easement existed over plaintiff's property
  • Validity and scope of the easement based on historical land conveyances
  • Whether attorney fees and costs were properly awarded
  • Whether defendant established a prescriptive easement as an alternative theory

Procedural posture

The case arose from a trial court judgment in Wallowa County Circuit Court determining easement rights and attorney fees, with both parties appealing and cross-appealing to the Oregon Court of Appeals.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

464 August 26, 2026 No. 801

IN THE COURT OF APPEALS OF THE

STATE OF OREGON

Michael Scott SEARCY,

individually and as Trustee of the

Michael Scott Searcy Revocable Living Trust,

u/a/d August 4, 2021,

Plaintiff-Appellant

Cross-Respondent,

and

Edward H. SEARCY,

Plaintiff,

v.

Michael J. MASLACH,

Defendant-Respondent

Cross-Appellant.

Wallowa County Circuit Court

21CV05585; A182446

Wes Williams, Judge.

Argued and submitted December 2, 2025.

D. Rahn Hostetter argued the cause and filed the briefs for

cross-respondent. Also on the opening brief were Benjamin

Boyd and Hostetter Law Group, LLP. Also on the combined

reply and answering brief were D. Zachary Hostetter and

Hostetter Law Group, LLP.

Brent H. Smith argued the cause and filed the brief for

cross-appellant

Before Ortega, Presiding Judge, Joyce, Judge, and

Hellman, Judge.

HELLMAN, J.

Affirmed on appeal and cross appeal.

Cite as 352 Or App 464 (2026) 465

466 Searcy v. Maslach

HELLMAN, J.

Plaintiff Michael Scott Searcy appeals a judgment

that determined that defendant had an express easement

over plaintiff’s property in Wallowa County and a supplemental judgment that awarded defendant attorney fees and

costs. Defendant cross-appeals, arguing that the trial court erred in denying his claims of a prescriptive easement and

interference with an easement. We affirm.

“We review the trial court’s findings of fact for any

evidence to support them * * * and its legal conclusions for errors of law.” Allco Enterprises v. Goldstein Family Living Trust, 183 Or App 328, 330, 51 P3d 1275 (2002).

In a thorough, well-written, and persuasive 21-page

opinion, the trial court meticulously walked through the

evidence including voluminous exhibits (most of which were

decades-old complex land conveyances), hearing testimony

about the historic use of the asserted easement, and expert

testimony from a land surveyor, to reach its conclusion that defendant had an express easement over plaintiff’s land as

described on page 16 of the opinion. That opinion was incorporated into the judgment in this case.

Plaintiff’s briefing, much of which appears copied

from trial pleadings, recites some general legal principles

regarding easements and makes numerous assertions as to

ways in which he claims that the trial court erred in determining the existence and scope of the easement. But the

briefing fails to provide any legal or factual analysis that demonstrates legal error on the part of the trial court.1 Nor does the briefing demonstrate that any of the trial court’s

factual findings were unsupported by the record.2 Similarly,

1

Both parties claim that the trial court erred in the way in which it addressed the issue of the easement’s passage over former government lands. However, on that point neither party addresses the entirety of the record, including the effect of post-1994 land conveyances. Accordingly, neither party has demonstrated that the trial court was incorrect, as a matter of law, when it determined that the former government land was burdened by the easement at the time plaintiff purchased the property.

2

We observe that our review was impeded in part by plaintiff’s failure to return his trial exhibits to the court, when requested, which resulted in an incomplete record on appeal. At least one of those exhibits—Exhibit 12—was essential to the trial court’s decision.

Cite as 352 Or App 464 (2026) 467

plaintiff’s briefing does not provide any legal or factual

analysis that demonstrates any error in the trial court’s ruling on the attorney fee award.

Turning to the cross-appeal, our conclusion regarding the express easement obviates the need to address defendant’s cross-assignment of error on the issue of a prescriptive easement. In addition, defendant’s briefing asserts that the trial court erred in its ruling on the interference with easement claim but fails to provide any analysis as to how

the trial court’s fact-based ruling was erroneous, in light of the record.

As to both litigants: it is not our role to “make

or develop a party’s argument when that party has not

endeavored to do so itself.” Beall Transport Equipment Co.

v. Southern Pacific, 186 Or App 696, 700 n 2, 64 P3d 1193,

adh’d to as clarified on recons, 187 Or App 472, 68 P3d 259

(2003). Because neither party’s briefs demonstrate any error on the part of the trial court, we affirm.

Affirmed on appeal and cross appeal.