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PENLAND v. REDWOOD SANITARY SEWER SERV. DIST.

94-CV-0209; CA A90247.

965 P.2d 433 (1998)

156 Or. App. 311

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 September 30, 1998.

Attorney(s) appearing for the Case

James H. Boldt, Grants Pass, for Appellant.

John R. Huttl, William V. Deatherage and Frohnmayer, Deatherage, Pratt, Jamieson & Clark, Medford, for Respondents.

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

HASELTON, Judge.

This case is before us on remand from the Supreme Court, 327 Or. 1, 956 P.2d 964 (1998). In our original opinion, 146 Or.App. 225, 934 P.2d 434 (1997), we held that, regardless of whether the defendant District's operation of a composting facility constituted a nuisance, the operation was shielded by "discretionary...

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