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DAVIS v. NYE DITCH USERS IMP. DIST.

085113L2; A145738.

268 P.3d 778 (2011)

247 Or. App. 266

Lissa DAVIS, Steven Davis, Rhoda Ritter, and Roger Ritter, Plaintiffs-Appellants, v. NYE DITCH USERS IMPROVEMENT DISTRICT, an Oregon not for profit public corporation; Susan Kiefer; Cathy Larson; John Maletic; Todd Stockebrand; and Matthew Wasson (the Board of Directors of Nye Ditch Users Improvement District), Defendants-Respondents.

Court of Appeals of Oregon.

Decided December 14, 2011.

Attorney(s) appearing for the Case

Richard B. Thierolf, Jr. , argued the cause for appellants. With him on the briefs was Jacobson , Thierolf & Dickey, PC.

David B. Paradis argued the cause for respondents. With him on the brief were Mark R. Weaver and Brophy, Schmor, Brophy, Paradis, Maddox & Weaver, LLP.

Before HASELTON, Presiding Judge, and DUNCAN, Judge, and WALTERS, Judge pro tempore.

WALTERS, J. pro tempore.

In this case, plaintiffs Ritter and Davis challenge the authority of defendant Nye Ditch Users Improvement District to enter their property for the purpose of improving and repairing the Nye Ditch that traverses their property.1 Plaintiffs Davis challenge defendant's authority to assess fees against them for that purpose. This case arose on cross-motions for summary judgment, and we affirm the trial court's judgment...

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