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). After the judgment was entered and while the appeal was pending, Hart filed a motion with the trial court for relief from the judgment under ORCP 71B. The trial court entered an order denying Hart’s motion, and Hart also appeals from that order. Hart raises six assignments of error. Because the sixth assignment of error is dispositive, we address only that assignment, set forth the facts necessary for its resolution, and…