Amphitheaters, Inc. v. Portland Meadows
Oregon Supreme Court
198 P.2d 847 (Or. 1948)
Two outdoor-recreation venues were built simultaneously on adjacent lots outside Portland’s city limits. Amphitheaters, Inc. (plaintiff) built a drive-in movie theater, and Portland Meadows (defendant) built a horse racetrack. Amphitheaters constructed high fences on each side of the movie screen and along an adjacent highway to keep out light from passing cars. Additionally, Amphitheaters built a shadowbox around the screen to block moonlight and starlight from interfering with the movies Amphitheaters projected. Portland Meadows constructed lights around its racetrack for nighttime races that, at several hundred feet away, cast light the equivalent of a full moon onto Amphitheaters’s screen. Amphitheaters sued Portland Meadows for trespass and nuisance. The trial court issued a directed verdict on both the trespass and nuisance theories in favor of Portland Meadows. Amphitheaters appealed.
Rule of Law
Holding and Reasoning (Brand, J.)
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