Legal Opinion

Jewett v. Deerhorn Enterprises, Inc.

Oregon Supreme Court

Decided February 28, 1978No. 76-2804, SC 25139PublishedCited by 20 opinions

1Opinion of the Court

RICHARDSON, J„ Pro Tempore.

This is a suit in equity brought by 19 plaintiffs to enjoin the operation of a pig farm on defendant’s property. Plaintiffs claim the noxious odors, noise and flies emanating from the piggery interfere with the use and enjoyment of their premises. The decree permanently enjoined defendant from operating a pig farm on its property.

Defendant challenges the decree on three grounds. First, that the alleged nuisance, if proven, is not sufficient to justify an injunction. Second, that the plaintiffs did not establish by clear and convincing evidence that a nuisance…

2Cases cited13 opinions

  1. Georgia v. Tennesssee Copper Co.Supreme Court of the United States · 1907
  2. Amphitheaters, Inc. v. Portland MeadowsOregon Supreme Court · 1948
  3. Bennett v. CITY OF SALEMOregon Supreme Court · 1951
  4. York Et Ux v. StallingsOregon Supreme Court · 1959
  5. Adamson v. AdamsonOregon Supreme Court · 1975

8 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Hay v. Oregon Department of TransportationOregon Supreme Court · 1986
  2. System Concepts, Inc. v. DixonUtah Supreme Court · 1983
  3. Scott v. JordanNew Mexico Court of Appeals · 1983
  4. Lunda v. MatthewsCourt of Appeals of Oregon · 1980
  5. Mark v. StateCourt of Appeals of Oregon · 2004

15 more not listed; retrieve them via the Exa API.

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