LUNDA v. MATTHEWS

No. 22488; CA 15104.

613 P.2d 63 (1980)

46 Or.App. 701

Orris H. LUNDA and Velda Mae Lunda, Husband and Wife, Respondents, v. Troy MATTHEWS, Larry T. Matthews and Dwayne Steel, Dba LaPine Readi-Mix, Appellants, Michael R. Shields, Defendant.

Court of Appeals of Oregon.

Decided June 23, 1980.


Attorney(s) appearing for the Case

William M. Holmes, Bend, argued the cause for appellants. With him on the brief was Gray, Fancher, Holmes & Hurley, Bend.

William E. McCann, Bend, argued the cause and filed the brief for respondents.

Before RICHARDSON, P.J., THORNTON, J., and SCHWAB, C.J.


RICHARDSON, Presiding Judge.

This is an appeal from a judgment in favor of plaintiffs, private landowners, granting damages and injunctive relief in an action for trespass and private nuisance against defendants who operate a cement plant. The evidence viewed in the light most favorable to plaintiffs, who are aided by the verdict, shows the following.

In 1959 plaintiffs purchased their property in a residential/recreational area of LaPine. In 1970, after husband...

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