HAWKINS v. CITY OF LA GRANDE

CC 86-11-30872; CC 86-11-30873; CA A47064 (control); CA A47065; SC S37410; SC S37418.

843 P.2d 400 (1992)

315 Or. 57

Byron W. HAWKINS and Jean Hawkins, husband and wife, Petitioners on Review, Respondents on Review, v. CITY OF LA GRANDE, a municipal corporation, Respondent on Review, Petitioner on Review. Fred D. WALLENDER and Sharon K. Wallender, husband and wife, Petitioners on Review, Respondents on Review, v. CITY OF LA GRANDE, a municipal corporation, Respondent on Review, Petitioner on Review.

Supreme Court of Oregon.

Decided December 17, 1992.

Reconsideration Denied January 26, 1993.


Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause for petitioners on review/respondents on review Hawkins and Wallender. With him on the petition was Mautz Hallman, Pendleton.

Mildred J. Carmack, Portland, argued the cause for respondent on review/petitioner on review City of La Grande. With her on the petition was Schwabe, Williamson & Wyatt.

Before PETERSON, C.J., and CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.


FADELEY, Justice.

In these consolidated cases, defendant City intentionally released sewage-laden water (hereafter, effluent) flooding onto the farms of plaintiffs, killing plaintiffs' livestock and growing crops, and causing other harm.

Normally, defendant treated its sewage and then pumped the effluent by pipe 5 miles to a river. But the present case arose when weather conditions increased the flow of storm drainage water into the city's sewers to such an...

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