Hay v. Stevens

This is a suit in equity in which plaintiffs seek a determination that a fence erected by defendants constitutes a nuisance and request that defendants be enjoined from further interference with plaintiffs’ use and enjoyment of their property. Defendants counterclaim alleging that plaintiffs had committed trespass by removing all of one fence and portions of another. After trial, the trial court dismissed plaintiffs’ complaint and awarded both general and punitive damages to defendants. Plaintiffs appeal.

Plaintiffs own land at Cannon Beach, Oregon, on which is situated plaintiffs’ summer home…