Western Radio Services Co. v. Verizon Wireless, LLC.

In order to “establish a claim for trespass to chattels or conversion, a party must show an actual ownership interest in and the right to control the disputed property.” Mustola v.Toddy, 253 Or 658, 663 456 P2d 1004 (1969).

Plaintiff appealed from a limited judgment entered by the trial court dismissing Plaintiff's action against Defendants. Plaintiff assigned error to the trial court granting summary judgment for Defendant. On appeal, Plaintiff argued its evidence, an affidavit by the President of the company, established Plaintiff had ownership of the power line and raised a question of fact that did not entitle Defendant to summary judgment. In response, Defendant argued that the trial court did not err because the evidence in the summary judgment record, including the affidavit, established that no "objectively reasonable" juror could find for Plaintiff. In order to “establish a claim for trespass to chattels or conversion, a party must show an actual ownership interest in and the right to control the disputed property.” Mustola v.Toddy, 253 Or 658, 663 456 P2d 1004 (1969). The Court held that when viewing the summary judgment record as a whole, there was no material issue of fact related to Plaintiff actually owning the power line in question. However, the Court held that a new judgment was necessary because the trial court failed to properly enter a judgment that included a declaration of the parties’ rights.

Vacated and remanded.