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DOWERS FARMS, INC. v. LAKE COUNTY

No. 8427; CA 11232.

593 P.2d 1207 (1979)

39 Or.App. 685

DOWERS FARMS, INC., an Oregon Corporation, Respondent, v. LAKE COUNTY, Oregon, Appellant.

Court of Appeals of Oregon.

Decided April 23, 1979.

Reconsideration Denied June 18, 1979.

Attorney(s) appearing for the Case

G. Kenneth Shiroishi, Portland, argued the cause for appellant. On the brief was Howard K. Beebe, Portland.

James H. Phelps, Madras, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

Reconsideration Denied June 18, 1979. See 595 P.2d 1385.

TANZER, Judge.

Plaintiff, a potato farmer, brought this trespass action for loss of a crop under the Tort Claims Act, ORS 30.260 to 30.300, against defendant Lake County alleging that an herbicide sprayed by defendant on a roadside drifted onto adjacent land belonging to the plaintiff. Defendant filed demurrers alleging (1...

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