Dority v. Hiller

Plaintiffs 1 brought this action to quiet title to real property and for damages on theories of trespass, private nuisance and public nuisance against defendants. 2 Defendants raised counterclaims seeking a declaration of a right to maintain an irrigation pipeline across plaintiffs’ property. Defendants then moved for partial summary judgment against plaintiffs on the question of whether defendants possessed an irrevocable license for the use of plaintiffs’ property for the pipeline. ORCP 47. The trial court granted defendants’ motion and entered judgment in their favor. ORCP 67 B. 3…