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CITY OF MAYWOOD PARK v. JACKSON

468 P.2d 905 (1970)

CITY OF MAYWOOD PARK, a Municipal Corporation, Appellant, v. Glenn L. JACKSON, Thaddeus Bruno, Fred W. Hill and State Highway Commission, Respondents.

Court of Appeals of Oregon, Department 1.

Decided May 7, 1970.

Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause for appellant. With him on the briefs was Bert E. Joachims, Portland.

Alan H. Johansen, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Lee Johnson, Atty. Gen., Jacob B. Tanzer, Solicitor Gen., and Walter L. Barrie, Asst. Atty. Gen., Salem.

Before SCHWAB, C.J., and FORT and BRANCHFIELD, JJ.

FORT, Judge.

The plaintiff filed a declaratory judgment suit against the commission, seeking a decree which would, in effect, enjoin the defendant from proceeding with the construction of Interstate Highway 205 through that city. The basis of the suit is that the defendant did not give notice to the plaintiff as required by law prior to the closing of certain streets within the city and the acquisition of the necessary rights of way through the city, nor did the city...

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