Penland v. Redwood Sanitary Sewer Service District

This case is before us on remand from the Supreme Court, 327 Or 1, 956 P2d 964 (1998). In our original opinion, 146 Or App 225, 934 P2d 434 (1997), we held that, regardless of whether the defendant District’s operation of a composting facility constituted a nuisance, the operation was shielded by “discretionary function” immunity under the Oregon Tort Claims Act (OTCA), ORS 30.265(3)(c), and, thus, the trial court had erred in enjoining the facility’s operation. 146 Or App at 225-37. The Supreme Court reversed, concluding that discretionary function immunity under the OTCA “confers immunity…