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KLAMATH FALLS ASSEMBLY OF GOD v. STATE HWY. COM'N

465 P.2d 697 (1970)

KLAMATH FALLS ASSEMBLY OF GOD, an Oregon Corporation, Appellant, v. STATE of Oregon, by and through Its State Highway Commission, Composed of Glenn L. Jackson, Kenneth N. Fridley and David B. Simpson, and Klamath County, a Political Subdivision of the State of Oregon, Respondents.

Supreme Court of Oregon, In Banc.

Decided February 27, 1970.

Attorney(s) appearing for the Case

Stanley C. Jones, Klamath Falls, argued the cause for appellant. With him on the briefs were J. Anthony Giacomini and Richard T. Flynn, Klamath Falls.

Robert D. Puckett, Klamath Falls, argued the cause for respondent Klamath County. Leslie B. Hampton, Asst. Atty. Gen., Salem, argued the cause for respondent State Highway Commission. With them on the brief were Robert Y. Thornton, Atty. Gen., G.E. Rohde, Asst. Atty. Gen., and Chief Counsel of Oregon State Highway Commission, Salem, and George H. Proctor, Klamath Falls.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

O'CONNELL, Justice.

This is an action for inverse condemnation arising out of the construction of a limited access throughway between Klamath Falls and Malin, Oregon. Plaintiff, whose property abuts the new throughway, contends that it has been deprived of its right of access to a public road. The trial court found for defendant and plaintiff appeals. The relevant facts are as follows.

In 1944 the Oregon State Highway...

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