HAY v. STEVENS


530 P.2d 37 (1975)

William G. HAY and Georgianna F. Hay, Husband and Wife, Appellants, v. Irvin C. STEVENS and Jeanette Stevens, Husband and Wife, Respondents.

Supreme Court of Oregon.

Decided January 7, 1975.


Attorney(s) appearing for the Case

Jeanyse R. Snow, MacDonald, Dean, McCallister & Snow, Astoria, argued the cause and filed briefs for appellants.

Vawter Parker, Portland, argued the cause for respondents. With him on the brief were Dezendorf, Spears, Lubersky & Campbell and Laurence F. Janssen, Portland.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, HOWELL, BRYSON, SLOPER and LEAVY, JJ.


O'CONNELL, Chief Justice.

This is a suit in equity in which plaintiffs seek a determination that a fence erected by defendants constitutes a nuisance and request that defendants be enjoined from further interference with plaintiffs' use and enjoyment of their property. Defendants counterclaim alleging that plaintiffs had committed a trespass by removing all of one fence and portions of another. After trial, the trial court dismissed plaintiffs' complaint and awarded...

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