Penland v. Redwood Sanitary Sewer Service District

156 Or.App. 311, 965 P.2d 433 (1998)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
P
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Penland v. Redwood Sanitary Sewer Service District

Oregon Court of Appeals
156 Or.App. 311, 965 P.2d 433 (1998)

SR
Play video

Facts

In July 1990, Redwood Sanitary Sewer Service District (District) (defendant) began operating a composting facility on its sewage treatment plant in Josephine County. The Penlands (plaintiffs) and their neighbors owned homes near the facility. They began noticing an unpleasant odor, noise, and dust, which they attributed to the composting facility’s operations. Several neighbors reported that the odor was so offensive that they could not garden, eat outdoors, or keep their windows open on summer nights. The odor reached their homes at least several times a week. The Penlands complained to the District in February 1992. The District implemented a few mitigating measures, but the Penlands were unsatisfied. The Penlands brought suit in August 1994 seeking an injunction against the District to cease its composting operations. The trial court granted the injunction.

Rule of Law

Issue

Holding and Reasoning (Haselton, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 805,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 805,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 805,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Property
Torts

Key Terms