Powder Valley Water Control District v. Hart Estate Investment Co.

Defendant Hart Estate Investment Company (Hart) appeals from a judgment condemning its property for the use of plaintiff, Powder Valley Water Control District (District). Hart assigns error to the denial of a motion to dismiss for lack of jurisdiction, ORCP 21 A(l), and the failure to find for Hart on its affirmative defenses that District’s complaint failed to state ultimate facts sufficient to constitute a claim, ORCP 21 A(8), and that District’s proposed use of Hart’s land was unlawful. We affirm.

As Hart points out in its brief, three of Hart’s assignments of error were raised to the trial…