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WORMAN v. COLUMBIA COUNTY

052504; A136006.

195 P.3d 414 (2008)

223 Or. App. 223

Kathleen M. WORMAN and Jeffrey Worman, Plaintiffs-Appellants, v. COLUMBIA COUNTY, Oregon, a political subdivision of the State of Oregon, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 15, 2008.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellants. With him on the briefs were Julie A. Smith and Cosgrave Vergeer Kester LLP.

David C. Lewis, Portland, argued the cause for respondent. With him on the brief was Miller & Wagner, LLP.

Before WOLLHEIM, Presiding Judge, and LANDAU, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

After discovering damage to the trees and shrubs on their property, plaintiffs Kathleen and Jeffrey Worman brought inverse condemnation, negligence, and timber trespass claims against defendant Columbia County based on allegations that the damage resulted from herbicide sprayed by county personnel. The trial court granted summary judgment in favor of the county, and plaintiffs appeal. We affirm the judgment as to the inverse condemnation claim but reverse...

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