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STATE HIGHWAY COM. v. CLACKAMAS W. DIST.

247 Or. 216 (1967)

428 P.2d 395

STATE HIGHWAY COMMISSION, Respondent, v. CLACKAMAS WATER DISTRICT, Appellant.

Supreme Court of Oregon.

Affirmed June 2, 1967.

Attorney(s) appearing for the Case

Michael J. Walsh, Portland, argued the cause for appellant. With him on the briefs were Shuler, Rankin, Myers & Walsh and Howard A. Rankin, Portland.

J. Robert Patterson, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, and G.E. Rohde, Assistant Attorney General and Chief Counsel for the Oregon State Highway Commission, Salem.

Before PERRY, Chief Justice, and McALLISTER, O'CONNELL, DENECKE and REDDING, Justices.

AFFIRMED.

O'CONNELL, J.

This is an action by the State Highway Commission to recover the cost of relocating defendant's water pipeline necessitated by the construction of a section of Cascade Highway in Clackamas County. Defendant appeals from a judgment for plaintiff.

In 1927 defendant water district obtained permission from Clackamas County to lay water pipes along the right of ways of certain county roads...

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