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WILLARD v. CITY OF EUGENE

550 P.2d 457 (1976)

William E. WILLARD and Velita M. Willard, Appellants, v. CITY OF EUGENE, Respondent.

Court of Appeals of Oregon.

Decided June 1, 1976.

Attorney(s) appearing for the Case

R. Scott Taylor, Veneta, argued the cause for appellants. With him on the briefs were Taylor & Taylor, Veneta.

Richard Roseta, Eugene, argued the cause for respondent. On the brief were Jaqua & Wheatley and John E. Jaqua, Eugene.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

FORT, Judge.

Plaintiffs brought an action in inverse condemnation against the City of Eugene. The trial court sustained the city's demurrer to plaintiffs' third amended complaint on the ground that it did not state facts sufficient to constitute a cause of action. Plaintiffs' appeal presents the question whether an alleged wrongful abatement of property as a nuisance gives rise to a cause of action in inverse condemnation.

In their final complaint plaintiffs...

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