STATE HIGHWAY COM. v. PARKER


225 Or. 143 (1960)

357 P.2d 548

STATE HIGHWAY COMMISSION v. PARKER ET AL

Supreme Court of Oregon.

Reversed and remanded December 7, 1960.


Attorney(s) appearing for the Case

Leslie B. Hampton, Assistant Attorney General, Salem, argued the cause for appellant. On the brief were Robert Y. Thornton, Attorney General, Leonard I. Lindas, Charles Peterson and William A. Mansfield, Assistant Attorneys General, Salem.

Orval Thompson, Albany, argued the cause for respondent. With him on the brief was Mark Weatherford, Albany.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN and HOLMAN, Justices.


REVERSED AND REMANDED.

ROSSMAN, J.

This is an appeal by the State of Oregon through its Highway Commission from a judgment which the circuit court entered condemning and appropriating to the state's use a tract of real property, described in the complaint and owned by the three defendants, upon the payment by the state of the sum of $3,740. The state as plaintiff-appellant deems the sum excessive.

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