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UNGERS' CO. v. LINCOLN COUNTY

483 P.2d 81 (1971)

In the matter of the Legalization of County Road No. 702, Commonly Known As the Drift Creek Road in the Alsea Area. UNGERS' CO., an Oregon Corporation, and P.W. Lyndon, Appellants, v. LINCOLN COUNTY, a County of the State of Oregon, Respondent.

Court of Appeals of Oregon, Department 2.

Decided April 1, 1971.

Attorney(s) appearing for the Case

Melvin M. Menegat, Newport, argued the cause for appellants. With him on the briefs was Eugene K. Richardson, Newport.

William T. Hollen, Newport, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and FOLEY and FORT, Judges.

FOLEY, Judge.

Plaintiffs appeal from a judgment of the Circuit Court of Lincoln County denying their claim for damages from the legalization of a county road which passes through their properties.

On January 19, 1966, the County Court for Lincoln County (now the Board of County Commissioners) issued an order pursuant to ORS 368.585 to survey a road known as County Road No. 702, commonly called the Drift Creek Road...

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