State v. Columbia Basin Electric Co-op, Inc.

In this civil action, plaintiff Oregon Department of Forestry was awarded a money judgment against defendant Columbia Basin Electric Co-op, Inc., for the cost of suppressing a forest fire after the trial court, on plaintiffs motion for partial summary judgment, ruled that defendant was liable for the suppression costs as a matter of law under ORS chapter 477.1 Defendant appeals from the resulting judgment. We reverse and remand.

Defendant is an electrical cooperative that erects and maintains power transmission lines, some of which pass through forest lands. On July 26, 1976, a fire started as…