Phillips Ranch, Inc. v. Banta

This is a suit seeking to enjoin a nuisance and to recover compensatory and punitive damages for harm caused by the nuisance. Defendant counterclaims, asserting an easement to transport water across plaintiff’s land. The trial court awarded $5,000 compensatory damages to plaintiff, but refused to award punitive damages or to grant an injunction against defendant. The court found against defendant on his counterclaim. Defendant appeals.

Plaintiff and defendant each own property along the Powder Biver in Baker County, Oregon. Plaintiff’s land is located immediately upstream from defendant’s…