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Penland v. Redwood Sanitary Sewer Service District

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



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


Holding and Reasoning (Haselton, J.)

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