PORTLAND GENERAL ELECTRIC CO. v. HICK

051212917; 051213098; A136650.

227 P.3d 1213 (2010)

234 Or. App. 1

PORTLAND GENERAL ELECTRIC COMPANY, Plaintiff, v. Kenneth HICK and Cheri D. Cooley-Hick, by and through its successor in interest, Richard Hartmann, Defendants. Richard Hartmann, Plaintiff, v. Subway Real Estate Corp., Lowell F. Smith, and Barbara K. Smith, Defendants. Lowell F. Smith and Barbara K. Smith, Third Party Plaintiffs-Respondents, v. Pacific Development Group, Inc., by and through its successor in interest, Richard Hartmann, Third Party Defendant-Appellant. Pacific Development Corp., Inc., an Oregon corporation, by and through its successor interest, Richard Hartmann, Fourth Party Plaintiff, v. Portland General Electric Company, an Oregon corporation, Fourth Party Defendant.

Court of Appeals of Oregon.

Decided March 3, 2010.


Attorney(s) appearing for the Case

Kevin W. Luby, Tigard, argued the cause for appellant. With him on the briefs was Luby Law Firm.

William D. Brandt argued the cause and filed the brief for respondents.

Peter A. Kasting, Senior Deputy City Attorney, filed the brief amicus curiae for City of Portland.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.


BREWER, C.J.

This dispute arose from a break in a sewer pipe that connected a private building to the Portland sewer system. The break generated a sewage smell in a Subway restaurant that was located in the building, and the restaurant operators, the Smiths, sought damages against the building owner, Hartmann, in claims for breach of the lease, trespass, and nuisance. Hartmann contended that the City of Portland, pursuant to its city code, had accepted responsibility...

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