HIGHWAY COMMISSION v. CALLAHAN


242 Or. 551 (1966)

410 P.2d 818

STATE HIGHWAY COMMISSION v. CALLAHAN ET AL

Supreme Court of Oregon.

Reversed and remanded February 9, 1966.


Attorney(s) appearing for the Case

Leslie B. Hampton, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, G.E. Rohde and J. Robert Patterson, Assistant Attorneys General, Salem.

Stanley C. Jones, Jr., Medford, argued the cause for respondents. On the brief were Jones and Reeder, Medford.

Before McALLISTER, Chief Justice, and PERRY, DENECKE, HOLMAN and SCHWAB, Justices.


REVERSED AND REMANDED.

HOLMAN, J.

This action was brought by the state to condemn part of defendants' land for the construction of freeway Interstate 5. The property was adjacent to the old Pacific Highway near the Siskiyou Mountain summit in Jackson County and was improved with a residence and a lodge with cocktail lounge and bar. Interstate 5 is a limited access freeway and all access rights of defendants' remaining property were being taken, leaving the...

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