Oregon Statutes - Chapter 105 - Property Rights - Section 105.560 - Action to restrain or enjoin nuisance; jurisdiction; remedies.

(1) An action to restrain or enjoin a nuisance described in ORS 105.555 may be brought by the Attorney General, district attorney, county attorney, city attorney or a person residing or doing business in the county where the property is located. The action shall be brought in the circuit court in the county where the property is located. Except as provided in subsection (5) of this section, the action may be commenced in the small claims department of the circuit court for the county where the property is located.

(2) In addition to any other remedy that may be available under ORS 105.550 to 105.600, a plaintiff in an action brought to restrain or enjoin a nuisance described in ORS 105.555 may seek damages for mental suffering, emotional distress, inconvenience and interference with the use of property suffered by the plaintiff by reason of the activities constituting a nuisance.

(3) The court may award reasonable attorney fees to the prevailing party in an action under ORS 105.550 to 105.600 unless the action is commenced and tried in the small claims department of circuit court. Attorney fees may not be awarded to any party in an action under ORS 105.550 to 105.600 that is commenced and tried in the small claims department of circuit court.

(4) The court may consolidate all actions that relate to the same property and that are brought to restrain or enjoin a nuisance described in ORS 105.555. Consolidation in the small claims department of a circuit court shall be for purposes of trial only. A separate judgment shall be entered for each action in the small claims department of circuit court.

(5) An action may not be brought in the small claims department of a circuit court to restrain or enjoin a nuisance described in ORS 105.555 if the property alleged to be a nuisance is licensed under ORS chapter 471 or 472. [1989 c.846 §4; 1999 c.168 §1]

Note: The provisions of ORS chapter 472 were repealed by sections 12 and 41, chapter 351, Oregon Laws 1999. The text of 105.560 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 105.560 for the repeal of ORS chapter 472 has not been made.

Section:  Previous  105.510  105.515  105.520  105.525  105.530  105.550  105.555  105.560  105.565  105.570  105.575  105.580  105.585  105.590  105.595  Next

Last modified: August 7, 2008