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LARSON v. STATE HIGHWAY COMMISSION

453 P.2d 941 (1969)

M.E. LARSON and Jo Ellen Larson, Husband and Wife, Appellants, v. STATE of Oregon, by and through Its State HIGHWAY COMMISSION, Composed of Glenn L. Jackson, Kenneth N. Fridley and David B. Simpson, Respondent.

Supreme Court of Oregon, Department 2.

Decided April 30, 1969.

Attorney(s) appearing for the Case

Graham Walker, Portland, argued the cause for appellants. With him on the briefs was Robert Lee Olson, Portland.

Ted E. Barbera, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Atty. Gen., G.E. Rohde and Leslie B. Hampton, Asst. Attys. Gen., Salem.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN and HAMMOND, JJ.

SLOAN, Justice.

This is an action to recover for alleged damage to plaintiffs' property caused by a change in the grade of a highway abutting plaintiffs' property. The action is permitted by ORS 105.755(2), which reads:

"(2) Whenever the State Highway Commission changes the grade of any public road from a previously established or maintained grade, the state shall be liable for and shall pay just and reasonable compensation for any legal damage or injury...

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