Penland v. Redwood Sanitary Sewer Service District
Oregon Court of Appeals
965 P.2d 433 (1998)
After Redwood Sanitary Sewer Service District (defendant) began operating a composting facility at its sewage treatment plant, the Penlands and their neighbors (plaintiffs), living in a rural residential area, experienced persistent offensive odors, noise, and dust several times a week, preventing them from gardening, eating outdoors, or keeping windows open in summer; despite the District implementing some mitigating measures after complaints, the Penlands remained unsatisfied and sued for an injunction, which the trial court granted, and the District appealed.
Whether a composting facility's frequent offensive odors, substantially interfering with neighboring residents' use and enjoyment of their properties, constitutes an actionable nuisance warranting an injunction, and whether the operator's economic hardship in complying outweighs the benefit to the neighbors.