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CLACKAMAS COUNTY SERVICE DIST. NO. 1 v. SMITH

515 P.2d 1343 (1973)

CLACKAMAS COUNTY SERVICE DISTRICT NO. 1, by and through Its Governing Body, the Board of County Commissioners of Clackamas County, Oregon, Respondent, v. Ruth SMITH (Who Took Title As Ruth Griffin) and William Wallace Smith, Her Husband, Appellants, and First State Bank of Oregon, a Corporation, Defendant.

Court of Appeals of Oregon.

Decided November 26, 1973.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause for appellants. With him on the briefs was Louise Jayne, Portland.

James C. Tait, Oregon City, argued the cause for respondent. With him on the brief were Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

Before SCHWAB, C.J., and LANGTRY and TANZER, JJ.,

LANGTRY, Judge.

Defendants Smith appeal from a judgment rendered by the court for $1 in favor of defendants for a sewer easement through their property.

Plaintiff by eminent domain took the easement. The last amended complaint was filed on November 17, 1971, alleging the value of the easement to be $1. Defendants filed an answer, verified by their attorney Louise Jayne, on January 10, 1972 which denied everything asserted in the amended complaint. When the...

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