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PHILLIPS RANCH, INC. v. BANTA

543 P.2d 1035 (1975)

PHILLIPS RANCH, INC., Respondent, v. Allan H. BANTA, Appellant.

Supreme Court of Oregon, In Bank.

Decided December 18, 1975.

Attorney(s) appearing for the Case

Harold Banta, Banta, Silven, Young & Marlette, Baker, argued the cause and filed briefs for appellant.

Ralph G. Monson, Baker, argued the cause and filed a brief for respondent.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, TONGUE, HOWELL and BRYSON, JJ.

Argued and Submitted at Pendleton, October 28, 1975.

O'CONNELL, Chief Justice.

This is a suit seeking to enjoin a nuisance and to recover compensatory and punitive damages for harm caused by the nuisance. Defendant counterclaims, asserting an easement to transport water across plaintiff's land. The trial court awarded $5,000 compensatory damages to plaintiff, but refused to award punitive damages or to grant an injunction against defendant. The court found...

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