Bither v. Baker Rock Crushing Co.

440 P.2d 368 (1968)

F.O. BITHER and Gertrude Bither, Husband and Wife, Respondents,

v.

BAKER ROCK CRUSHING CO., an Oregon Corporation, Appellant.

Supreme Court of Oregon, Department 1.

April 24, 1968.

Brink & Moore, Hillsboro, for the petition.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE and LANGTRY, JJ.

LANGTRY, Justice pro tem.

Defendant's petition for rehearing argues that the injunction approved in our opinion abates all of defendant's rock quarrying activities on the subject property; that it should only enjoin such activities that are in excess of the level that existed at the time of…