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HALE v. STATE

161112609, A150572.

314 P.3d 345 (2013)

259 Or. App. 379

Gary HALE, Jan Wroncy, Forest Wroncy-Hale, Carolyn Ashlock, Warren Trotter, David Eisler, and Sarah Sheffield, Plaintiffs-Appellants, v. STATE of Oregon, Defendant-Respondent.

Court of Appeals of Oregon.

Decided November 14, 2013.

Attorney(s) appearing for the Case

David C. Force , Eugene, argued the cause and filed the briefs for appellants.

Rebecca M. Johansen , Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Crag Law Center and Christopher Winter filed the brief amici curiae for Beyond Toxics, Pesticide Action Network of North America and Neal Winter.

Sorenson Law Office and C. Peter Sorenson , Eugene, file the brief amici curiae for Northwest Center for Alternatives to Pesticides and Organically Grown Company.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and DUNCAN, Judge.

SCHUMAN, P.J.

Plaintiffs are property owners who use only organic and sustainable farming and forestry practices. Some of their neighbors use pesticides and other chemicals that, plaintiffs allege, migrate onto their property and into their persons. In an earlier case, plaintiffs Hale and Wroncy filed an action against a neighbor alleging that the chemical intrusion was a trespass. See Hale v. Klemp, 220 Or.App. 27,

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