PORT OF NEWPORT v. HAYDON


498 P.2d 825 (1972)

The PORT OF NEWPORT, a Municipal Corporation, Appellant, v. Marguerite HAYDON, Formerly Marguerite Chatterton, Respondent.

Court of Appeals of Oregon, Department 2.

Decided July 3, 1972.

Rehearing Denied August 10, 1972.

Review Denied September 6, 1972.


Attorney(s) appearing for the Case

Melvin M. Menegat, Newport, argued the cause and filed the briefs for appellant.

Roger B. Todd, North Bend, argued the cause for respondent. With him on the brief were Flaxel, Todd & Flaxel, North Bend.

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


LANGTRY, Judge.

This appeal is in a condemnation proceeding brought by the Port of Newport to acquire real property owned by defendant Haydon. A previous appeal in the same case stemmed from an order of the trial court which granted plaintiff's motion for judgment notwithstanding the verdict, set aside a jury verdict of $3,000 and granted judgment against plaintiff for $1,500. We reversed and remanded for a new trial. Port of Newport v. Haydon, 4 Or.App. 237,

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