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STATE HIGHWAY COMMISSION v. COMPTON

490 P.2d 743 (1971)

STATE of Oregon, by and through Its State HIGHWAY COMMISSION, Composed of Glenn L. Jackson, Fred W. Hill and Thaddeus B. Bruno, Respondent, v. Joyce COMPTON, Formerly Joyce Glazebrook, and Richard N. Compton, Wife and Husband, Appellants, Joan Allen, Individually and As Executrix of the Estate of A.C. Allen, Deceased, and Multnomah County, a Political Subdivision of the State of Oregon, Defendants.

Court of Appeals of Oregon, Department 2.

Decided November 11, 1971.

Attorney(s) appearing for the Case

John L. Schwabe and Andrew F. Fink, Portland, argued the cause for appellants. With them on the briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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

FORT, Judge.

Defendants appeal from a judgment determining the value of their land taken by the plaintiff in this condemnation action, asserting several errors. The first relates to the rejection by the court of evidence concerning the fair rental income obtainable for the property.

The Compton property is located on the east side of McLoughlin Boulevard, a major arterial in Portland, Oregon. The block on which the property is located contains 12 lots and...

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