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plaintiffdefendantdamagesliabilitystatuteappealtrialwilleasementcorporationstatute of limitations
plaintiffdefendantdamagestrialwilleasement

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Smejkal v. Empire Lite-Rock, Inc., 274 Or. 571, 547 P.2d 1363

Facts

James A. Smejkal, the plaintiff, owned land since July 1, 1964, and claimed that emissions from the nearby rock-processing plant, operated by Empire Lite-Rock, Inc. and later by Allied Equities Corporation, exceeded permissible pollution levels set by the Columbia-Willamette Air Pollution Authority. The defendants argued that the statute of limitations barred liability for acts prior to six years before the complaint and claimed they had acquired a prescriptive easement to pollute Smejkal's land. Smejkal admitted the statute of limitations defense but denied the prescriptive easement claim, leading to a judgment in favor of the defendants, which he appealed.

Plaintiff, James A. Smejkal, brought this action for alleged injury to his real property and growing timber thereon caused by air contaminants and emissions emanating from defendants' nearby rock processing plant. Smejkal alleged that the emissions from defendants' plant exceeded permissible safe levels of pollution established by the Columbia-Willamette Air Pollution Authority. Smejkal had owned his land since July 1, 1964.

Issue

Whether a prescriptive right to pollute land can be acquired against a private landowner for activities that also constitute a public nuisance.

The only issue is whether a prescriptive right to pollute land can be acquired against a private landowner for activities complained of which also constitute a public nuisance.

Rule

As a general rule, one cannot acquire a prescriptive right to maintain a public nuisance, regardless of how long it has continued. However, an easement by prescription can be acquired for a private nuisance.

As a general rule, one cannot acquire a prescriptive right to maintain a public nuisance no matter how long it has continued. But an easement by prescription can be acquired for a private nuisance.

Analysis

The court analyzed the nature of the emissions from the defendants' plant, determining that they constituted both a public and private nuisance. It noted that Smejkal had sufficiently alleged special damages distinct from the public's general harm, allowing him to maintain an action for both private and public nuisance. The court emphasized that prescriptive rights do not run against a private individual when the nuisance also affects the public, thus reinforcing Smejkal's claim.

The court analyzed the nature of the emissions from the defendants' plant, determining that they constituted both a public and private nuisance. It noted that Smejkal had sufficiently alleged special damages distinct from the public's general harm, allowing him to maintain an action for both private and public nuisance. The court emphasized that prescriptive rights do not run against a private individual when the nuisance also affects the public, thus reinforcing Smejkal's claim.

Conclusion

The Supreme Court reversed the trial court's judgment and remanded the case for a trial on the merits, affirming that no prescriptive right to pollute could be acquired against a private landowner if the pollution also constituted a public nuisance.

Accordingly, the judgment of the trial court is reversed and the case is remanded for a trial on the merits.

Who won?

James A. Smejkal prevailed in the case because the court found that the emissions from the defendants' plant constituted a public nuisance and that he had sufficiently alleged special damages to his property.

Plaintiff, James A. Smejkal, brought this action for alleged injury to his real property and growing timber thereon caused by air contaminants and emissions emanating from defendants' nearby rock processing plant.

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