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MOELLER ET UX v. MULTNOMAH COUNTY

218 Or. 413 (1959)

345 P.2d 813

MOELLER ET UX v. MULTNOMAH COUNTY

Supreme Court of Oregon.

Reversed October 30, 1959.

Attorney(s) appearing for the Case

David Robinson, Jr., Deputy District Attorney for Multnomah County, argued the cause for appellant. With him on the brief were Leo Smith, District Attorney, and Willis A. West, Deputy District Attorney, all of Portland.

John R. Sabin, Portland, argued the cause for respondents. With him on the brief were Mautz, Souther, Spaulding, Denecke & Kinsey, Portland.

Before McALLISTER, Chief Justice, and WARNER, SLOAN and KING, Justices.

REVERSED.

KING, J. (Pro Tempore)

This is an action for damages brought by George H. Moeller and Bernice E. Moeller, husband and wife, against Multnomah County, a political subdivision of the State of Oregon, for damages to their property by blasting operations conducted by the county at their rock quarry at Rocky Butte. The action is under the theory that there was a "taking" of their property by the county by inverse condemnation.

From a jury verdict...

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