R & C RANCH, LLC v. Kunde

Both plaintiff and defendant have petitioned for reconsideration of our opinion in R & C Ranch, LLC v. Kunde, 177 Or App 304, 33 P3d 1011 (2001). We allow both petitions for reconsideration, modify our opinion, remand for a determination on plaintiffs punitive damages claim, and adhere to our opinion as modified.

The facts are set out in our initial opinion. We summarize them briefly to put the parties’ arguments in context. Plaintiff and defendant are limited liability companies that own and operate adjacent ranches in Gilliam and Wheeler Counties. Plaintiffs ranch consists of one contiguous…