Lunda v. Matthews

This is an appeal from a judgment in favor of plaintiffs, private landowners, granting damages and injunctive relief in an action for trespass and private nuisance against defendants who operate a cement plant. The evidence viewed in the light most favorable to plaintiffs, who are aided by the verdict, shows the following.

In 1959 plaintiffs purchased their property in a residential/recreational area of LaPine. In 1970, after husband retired, they built a home there and began using the property as their residence. One of the plaintiffs’ purposes in moving to LaPine was the clean air. In 1976…