SMITH v. WATER RESOURCES DEPT.

91-CV-0197-ST; CA A77624.

880 P.2d 503 (1994)

130 Or. App. 108

Alan R. SMITH, Appellant, v. OREGON DEPARTMENT OF WATER RESOURCES and Tumalo Irrigation District, Respondents.

Court of Appeals of Oregon.

Decided September 7, 1994.


Attorney(s) appearing for the Case

James S. Coon, Portland, argued the cause for appellant. With him on the briefs was Royce, Swanson, Thomas & Coon.

Jeannie Hua, Certified Law Student, argued the cause for respondent Oregon Dept. of Water Resources. On the brief were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and John T. Bagg, Asst. Atty. Gen.

David E. Paulson, Bend, argued the cause for respondent Tumalo Irrigation Dist. With him on the brief was Hopp & Paulson.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.


DEITS, Presiding Judge.

Plaintiff appeals from the summary judgment for defendants Oregon Department of Water Resources (department) and Tumalo Irrigation District (district) in this action for declaratory and injunctive relief and damages, arising out of defendants' alleged failure to provide plaintiff with irrigation water pursuant to agreements between him and the district. Although defendants advanced several affirmative defenses and grounds for their motion for...

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