Smejkal v. Empire Lite-Rock, Inc.

McAllister, j.

Plaintiff, James A. Smejkal, brought this action for alleged injury to his real property and growing timber thereon caused by air contaminants and emissions emanating from defendants’ nearby rock processing plant. Smejkal alleged that the emissions from defendants’ plant exceeded permissible safe levels of pollution established by the Columbia-Willamette Air Pollution Authority. Smejkal had owned his land since July 1, 1964.

Defendant Empire Lite-Rock, Inc., an Oregon corporation, had owned and operated the plant from 1947 until September 30, 1971, when it voluntarily dissolved…