Davis v. Nye Ditch Users Improvement District

WALTERS, J. pro tempore

In this case, plaintiffs Ritter and Davis challenge the authority of defendant Nye Ditch Users Improvement District to enter their property for the purpose of improving and repairing the Nye Ditch that traverses their property.1 Plaintiffs Davis challenge defendant’s authority to assess fees against them for that purpose. This case arose on cross-motions for summary judgment, and we affirm the trial court’s judgment for defendant.

I. DEFENDANT’S RIGHT TO ACCESS PLAINTIFFS’ PROPERTY

Defendant is an improvement district formed under ORS chapter 554, and plaintiffs Ritter…