Linn v. Pitts

Plaintiffs brought this action for nuisance, arising out of farming activities on defendants’ neighboring parcel. At the close of plaintiffs’ case-in-chief, defendants moved to dismiss on the ground that they were immune from liability under ORS 30.930 to ORS 30.947. The trial court granted the motion, and also assessed attorney fees against plaintiffs pursuant to ORS 20.105(1). Plaintiffs appeal from the resulting judgment. We affirm in part and reverse in part.

Plaintiffs’ only contention on the merits of the dismissal is that, in several respects, the immunity from nuisance liability that…