Chemical Waste Storage & Disposition, Inc. v. Day

Plaintiff appeals from a judgment dismissing plaintiff’s amended complaint after an order sustaining defendants’ demurrer. The trial court set forth as its reason for sustaining the demurrer “that defendants are immune.” A demurrer properly raises the issue *517of inmranity. Smith v. Cooper, 256 Or 485, 488, 475 P2d 78, 45 ALR3d 857 (1970).

The amended complaint sets forth the following facts, which for demurrer purposes are assumed to be true.

Plaintiff is an Oregon corporation doing business in Oregon. Defendant Day is the Director of the Department of Environmental Quality. Defendant Mann is the…