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JEWETT v. DEERHORN ENTERPRISES, INC.

575 P.2d 164 (1978)

281 Or. 469

Howard K. JEWETT and Mary Jane Jewett, Husband and Wife, K.M. Byers, Sr., Willard Gowing and Rena Gowing, Husband and Wife, Cecile Moore and Julie Moore, Husband and Wife, Frank L. Whitley, Thomas J. Benson and Katherine Benson, Husband and Wife, Karl Byers, Jr. and Muriel Byers, Husband and Wife, Ben Roach and Kay Roach, Husband and Wife, Robert M. Harlow, Dennis C. Harlow, Lester Peters, Edward C. Bremm and Betty Bremm, Husband and Wife, Respondents, v. DEERHORN ENTERPRISES, INC., an Oregon Corporation, Appellant.

Supreme Court of Oregon, Department 1.

February 28, 1978.

Attorney(s) appearing for the Case

E. Scott Lawlor, of McCoy & Lawlor, Eugene, argued the cause and filed the brief for appellant.

Randall E. Thwing, of Thwing, Atherly & Butler, Eugene, argued the cause and filed the brief for respondents.

Before DENECKE, C.J., HOLMAN and HOWELL, JJ., and RICHARDSON, J. Pro Tem.

RICHARDSON, Justice, Pro Tem.

This is a suit in equity brought by 19 plaintiffs to enjoin the operation of a pig farm on defendant's property. Plaintiffs claim the noxious odors, noise and flies emanating from the piggery interfere with the use and enjoyment of their premises. The decree permanently enjoined defendant from operating a pig farm on its property.

Defendant challenges the decree on three grounds. First, that the alleged nuisance, if proven, is...

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