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FAST v. DeRAEVE

No. 30101; CA A33388.

714 P.2d 1077 (1986)

78 Or.App. 97

Marvin L. FAST and Paula Ann Fast, Appellants-Cross-Respondents, v. Marvin John DeRaeve and Patricia Ann DeRaeve, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided February 26, 1986.

Attorney(s) appearing for the Case

Asa L. Lewelling, Salem, argued the cause for appellants. With him on briefs was Marvin J. Weiser, Dallas.

Gary A. Rueter, McMinnville, argued the cause for respondents. With him on brief was Huageberg, Rueter, Stone & Gowell, P.C., McMinnville.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiffs (Fast) brought this action to enjoin defendants from flooding their land and for damage for loss of use of their property. Defendants (DeRaeve) pled that plaintiffs had acquiesced in defendants' building a dam on defendants' property and that, therefore, plaintiffs are estopped from seeking injunctive relief. The trial court denied injunctive relief, finding that plaintiffs had given defendants...

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