SMITH v. WALLOWA COUNTY

Nos. 93-12-10357; CA A90495.

929 P.2d 1100 (1996)

145 Or. App. 341

Ermon Wilson SMITH and Mary Lee Smith, Individually and as Trustees for the Ermon Wilson Smith and Mary Lee Smith Family Trust; and Kent Lozier and Sondra Lozier, Husband and Wife, Respondents, v. WALLOWA COUNTY, a Municipal Corporation, Appellant.

Court of Appeals of Oregon.

Decided December 24, 1996.


Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause and filed the brief, for appellant.

D. Rahn Hostetter, Enterprise, argued the cause, for respondents. With him on the brief was Mautz Baum Hostetter & O'Hanlon.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.


EDMONDS, Judge.

The trial court granted plaintiffs a permanent injunction against defendant based on a common law nuisance theory. The injunction prohibits defendant from mining or crushing rock and from operating an asphalt plant on defendant's property adjacent to plaintiffs' properties. Defendant appeals, and we review de novo. ORS 19.125(3). We conclude that the permanent injunction should be modified.

In 1981, plaintiffs Loziers purchased their...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases