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LINN v. PITTS

90-CV-0235; CA A72501.

858 P.2d 1352 (1993)

123 Or. App. 277

Dyle LINN and Shirley Linn, Appellants, v. Arnold A. PITTS and Catherine L. Pitts, Respondents.

Court of Appeals of Oregon.

Decided September 22, 1993.

Attorney(s) appearing for the Case

Michael Henderson, Bend, argued the cause and filed the briefs for appellants.

Thomas F. Armosino, Medford, argued the cause for respondents. With him on the brief was Bernard S. Moore, Medford.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

DEITS, Presiding Judge.

Plaintiffs brought this action for nuisance, arising out of farming activities on defendants' neighboring parcel. At the close of plaintiffs' case-in-chief, defendants moved to dismiss on the ground that they were immune from liability under ORS 30.930 to ORS 30.947. The trial court granted the motion, and also assessed attorney fees against plaintiffs pursuant to ORS 20.105(1). Plaintiffs appeal from the resulting judgment. We affirm in part...

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