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CITY OF MEDFORD v. BESSONETTE

463 P.2d 865 (1970)

CITY OF MEDFORD, a Municipal Corporation, Appellant, v. M.O. BESSONETTE, Joy O. Bessonette, Ben J. Trowbridge and Melba M. Trowbridge, Defendants-Respondents, Medford Plaza Apartments, Inc., an Oregon Corporation, Intervenor-Respondent.

Supreme Court of Oregon.

Decided January 21, 1970.

Attorney(s) appearing for the Case

Ervin B. Hogan, Medford, argued the cause for appellant. With him on the briefs were E.R. Bashaw, City Atty., and William Mansfield, Medford.

Stanley C. Jones, Medford, argued the cause for respondents. With him on the brief was G.W. Kellington, Medford.

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

O'CONNELL, Justice.

This is an action instituted by the city of Medford to acquire by condemnation a part of two lots the record title to which was in the defendants M.O. and Joy D. Bessonette and Ben J. and Melba M. Trowbridge. Medford Plaza Apartments, Inc. intervened, claiming the beneficial ownership in the lots. The jury returned a verdict in favor of intervenor, assessing damages in the amount of $70,000. Plaintiff appeals.

The property condemned consisted...

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