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STATE HIGHWAY COM. v. VELLA

213 Or. 386 (1958)

323 P.2d 941

STATE HIGHWAY COMMISSION v. VELLA

Supreme Court of Oregon.

Reversed and remanded April 9, 1958.

Petition for rehearing denied April 30, 1958.

Attorney(s) appearing for the Case

John C. McLean, Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Attorney General, C.W. Enfield, Assistant Attorney General, Leonard I. Lindas, and Ralph Wyckoff, all of Salem.

Hugh B. Collins and Paul W. Haviland, Medford, argued the cause for respondents.

Before PERRY, Chief Justice, and LUSK, WARNER and KESTER, Justices.

REVERSED AND REMANDED.

LUSK, J.

The plaintiff, the State of Oregon, by and through its Highway Commission, brought this action to condemn for highway purposes a strip of land (a part of a larger tract) owned by the defendants, Thomas Vella and Jane Doe Vella, husband and wife, and located in Central Point, Jackson County, Oregon. There were other parties defendant but they are no longer in the case. The land taken measures 680 feet by 22 feet, an area comprising...

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