Penland v. Redwood Sanitary Sewer Service District

Defendant Redwood Sanitary Sewer Service District (the District), a municipal corporation, appeals from a judgment in an action for nuisance, enjoining the District from continuing to operate a facility that converted human waste sludge into compost. The District argues, in part, that the trial court erred in determining that its actions were not shielded by “discretionary function” immunity under the Oregon Tort Claims Act (OTCA). ORS 30.265(3)(c). On de novo review, ORS 19.125(3), we conclude that the District’s actions are entitled to immunity, and reverse.

The District operates…