Hawkins v. City of La Grande

Defendant city appeals from judgments for plaintiffs 1 on their tort claims, assigning as error the denial of its motion for a directed verdict at the close of all the evidence. 2 ORCP 60. Plaintiffs cross-appeal, arguing that the trial court erred in granting defendant’s motion for a directed verdict on plaintiffs’ inverse condemnation claims. 3 We reverse on the appeal and reverse in part on the cross-appeal.

Because of flooding, defendant discharged effluent from its sewage treatment plant into an adjacent slough from February 25 to March 3, 1986. During that period, plaintiffs’ properties…