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PENLAND v. REDWOOD SANITARY SERVICE DISTRICT

94-CV-0209; CA A90247.

934 P.2d 434 (1997)

146 Or. App. 225

D.E. (Gene) PENLAND, Cathy Penland, Enid Madding, Ray Ritchey, Lucy Ritchey, Ken Goodrich, Leola Goodrich, Richard Vischer, Pam Vischer, Ron Danyluk, Sue Danyluk, William Bushnell, Judy Bushnell, Roger Barklow, Shirley Barklow, Dave Price, Linda Price, Chuck King, Wanda King, Gordon Hewlett and Amelia Hewlett, Respondents, v. REDWOOD SANITARY SEWER SERVICE DISTRICT, a municipal corporation, Appellant.

Court of Appeals of Oregon.

Decided February 5, 1997.

Attorney(s) appearing for the Case

James H. Boldt, Grants Pass, argued the cause and submitted the briefs for appellant.

John R. Huttl, Medford, argued the cause for respondents. With him on the brief were William V. Deatherage and Frohnmayer, Deatherage, Pratt, Jamieson & Clarke, P.C.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Defendant Redwood Sanitary Sewer Service District (the District), a municipal corporation, appeals from a judgment in an action for nuisance, enjoining the District from continuing to operate a facility that converted human waste sludge into compost. The District argues, in part, that the trial court erred in determining that its actions were not shielded by "discretionary function" immunity under the Oregon Tort Claims Act (OTCA). ORS 30.265(3)(c...

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