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GIBSON v. MORRIS

LV11070743; A152724.

348 P.3d 1180 (2015)

270 Ore. App. 608

David GIBSON, Trustee of the David Gibson Trust u/a/dated December 21, 2004; and Valerie M. Gibson, Trustee of the Valerie M. Gibson Trust u/a/dated December 21, 2004, Plaintiffs-Appellants, v. William M. MORRIS and Karen L. Morris, Co-Trustees of the William M. Morris Lifetime Trust dated January 5, 1994, and the Karen L. Morris Lifetime Trust dated January 5, 1994, Defendants-Respondents.

Court of Appeals of Oregon.

Decided April 29, 2015.

Attorney(s) appearing for the Case

John M. Berman , Tigard, argued the cause and filed the briefs for appellants.

Steven C. Burke , Beaverton, argued the cause for respondents. With him on the brief was Case & Dusterhoff, LLP.

Before SERCOMBE, Presiding Judge, and HADLOCK, Judge, and TOOKEY, Judge.

In this action for trespass and nuisance, plaintiffs alleged that, when defendants, owners of neighboring upslope property, replaced their septic system, they caused water to intrude onto plaintiffs' property in a greater quantity, and at a different location, than water had historically drained. Specifically, plaintiffs claimed that...

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