Oregon Statutes 105.560 – Action to restrain or enjoin nuisance; jurisdiction; remedies
(1) An action to restrain or enjoin a nuisance described in ORS § 105.555 or 105.597 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.
Terms Used In Oregon Statutes 105.560
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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 or 105.597 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 a 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 a 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 or 105.597. 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 a 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. [1989 c.846 § 4; 1999 c.168 § 1; 2009 c.11 § 7; 2015 c.136 § 3]