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EUGENE WATER & ELEC. BD. v. MILLER

A159446.

417 P.3d 456 (2018)

290 Or.App. 721

EUGENE WATER & ELECTRIC BOARD, an Oregon municipal corporation, Plaintiff-Respondent, v. Michael P. MILLER, an individual, Defendant-Appellant.

Court of Appeals of Oregon.

March 14, 2018.

Attorney(s) appearing for the Case

Rohn M. Roberts, Eugene, argued the cause for appellant. With him on the briefs was John R. Roberts.

Jon W. Monson argued the cause for respondent. With him on the brief were James S. Kincaid, Nicole A. W. Abercrombie, and Cable Huston LLP.

Before Lagesen, Presiding Judge, and Egan, Chief Judge, and Edmonds, Senior Judge.

Plaintiff Eugene Water and Electric Board (EWEB) is a municipal utility company that generates electricity from the McKenzie River at its Leaburg-Walterville hydroelectric plant. EWEB owns an easement over defendant's property to excavate, construct, and maintain a waterway channel that allows fish to migrate around the Walterville plant...

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