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Drayton v. City of Lincoln City

260 P.3d 642 (2011)

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Drayton v. City of Lincoln City

Oregon Court of Appeals
260 P.3d 642 (2011)

CR

Facts

James Drayton (plaintiff) operated a landscaping business that supplied gravel, rocks, bark dust, and similar products to customers. For more than 10 years, particulates from these materials were spread by the wind onto neighboring property owned by Scott and Andrea Torrance (the Torrances) (defendants). The Torrances complained to Lincoln City (the city) (defendant), which cited Drayton for violating a law that prevented landowners from engaging in activities on their property that would cause “erosion or deposits of material on the property of another.” After receiving this citation, Drayton sued the Torrances and the city seeking a declaratory judgement that Drayton had a prescriptive easement enabling him to deposit dust and dirt on the Torrances’ property as a byproduct of his landscaping business. The Torrances counterclaimed for damages under theories of public nuisance, private nuisance, and trespass. The trial court concluded that Drayton had a prescriptive easement, and it dismissed the Torrances’ counterclaims. The Torrances appealed, arguing that the court should have admitted the city’s citation into evidence and that citation should have been conclusive proof that Drayton’s business created a public nuisance.

Rule of Law

Issue

Holding and Reasoning (Brewer, C.J.)

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