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STATE HIGHWAY COMMISSION v. HOOPER

488 P.2d 421 (1971)

STATE of Oregon, by and through Its State HIGHWAY COMMISSION, Composed of Glenn L. Jackson, David B. Simpson and Fred W. Hill, Petitioner, v. John N. HOOPER and Catharine Hooper, Husband and Wife, and Bill Rose, Respondents.

Supreme Court of Oregon.

Decided September 10, 1971.

Attorney(s) appearing for the Case

Leslie B. Hampton, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the briefs were Lee Johnson, Atty. Gen., and G.E. Rohde and Glen V. Sorensen, Asst. Attys. Gen., Salem.

George W. Mead, Portland, argued the cause for respondents. With him on the brief was James G. Heltzel, Salem.

Before DENECKE, P.J., and HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

HOWELL, Justice.

This is a condemnation case involving land owned by the defendants at the Woodburn interchange. The Court of Appeals affirmed the judgment awarded defendants in the trial court, and we granted the plaintiff's petition for review.

The plaintiff, Oregon State Highway Commission, condemned 2.4 acres of approximately 150 acres belonging to defendants for the purpose of constructing a diamond interchange...

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