PacifiCorp v. Cardon

Memorandum Decision

TOOMEY, Judge:

T1. In this appeal we must determine whether the district court incorrectly enforced a permanent injunction against Paul F. Cardon and whether the court exceeded its discretion when it denied his request for an evidentiary hearing. We conclude that it did neither and therefére affirm the order.

12 PacifiCorp. owns a strip of vegetation on the edge of Cutler Reservoir and uses the reservoir for its hydroelectric renewable-energy project. Pursuant to federal law, to protect the integrity of reservoir's banks and water quality, PacifiCorp must maintain the buffer,…