Smith v. Wallowa County

The trial court granted plaintiffs a permanent injunction against defendant based on a common-law nuisance theory. The injunction prohibits defendant from mining or crushing rock and from operating an asphalt plant on defendant’s property adjacent to plaintiffs’ properties. Defendant appeals, and we review de novo. ORS 19.125(3). We conclude that the permanent injunction should be modified.

In 1981, plaintiffs Loziers purchased their residence located on 1.52 acres of land in a quiet, picturesque setting near Enterprise, Oregon. Plaintiffs Smiths purchased their residence in the same locale in…