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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