Penland v. Redwood Sanitary Sewer Service District

This is an action by plaintiffs, property owners in Josephine County, to enjoin defendant, Redwood Sanitary Sewer Service District (the District), a municipal corporation, from composting sewage material at its neighboring sewage treatment plant. The only issue before the court concerns the validity of the District’s “discretionary function” immunity defense to the action, which the District asserts under the Oregon Tort Claims Act (OTCA), ORS 30.265.(3)(c). The trial court rejected that defense and, having found that the composting operation constitutes a nuisance, issued an injunction.

On…