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DORITY v. HILLER

(96C-11125; CA A99563)

986 P.2d 636 (1999)

162 Or. App. 353

A.D. DORITY, Jr., Trustee of the A.D. Dority, Jr. Trust, Theo M. Dority, Trustee of the Theo M. Dority Trust, Arthur D. Dority, III, Diane M. Dority, Deri C. Dority, Meri Lee Dority Clarke, Mark McKay, Dean McKay, Mark McKay Farms, Inc., an Oregon corporation, and Dean McKay Farms, Inc., an Oregon corporation, Appellants, v. Irene HILLER, Trustee of the Irene Hiller Trust, John Coleman, William Coleman, Coleman Farms, Inc., an Oregon corporation, and Fairfield Farms, Inc., an Oregon corporation, Respondents.

Court of Appeals of Oregon.

Decided August 25, 1999.

Attorney(s) appearing for the Case

Laura A. Schroeder, Boardman, argued the cause for appellants. With her on the briefs was Schroeder Law Offices.

A. Richard Vial, Portland, argued the cause for respondents. With him on the brief was Vial Fotheringham LLP.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

EDMONDS, P.J.

Plaintiffs1 brought this action to quiet title to real property and for damages on theories of trespass, private nuisance and public nuisance against defendants.2 Defendants raised counterclaims seeking a declaration of a right to maintain an irrigation pipeline across plaintiffs' property. Defendants then moved for partial summary judgment against plaintiffs on the question of whether defendants...

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