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PORT OF PORTLAND v. MAXWELL

496 P.2d 23 (1972)

The PORT OF PORTLAND, a Public Corporation, Respondent, v. Marcus L. MAXWELL, Appellant, Leanora Maxwell, Defendant, Western Land Development Co., a Corporation, Respondent.

Court of Appeals of Oregon, Department 1.

Decided April 21, 1972.

Attorney(s) appearing for the Case

George M. Joseph, Portland, argued the cause for appellant. With him on the brief were Richard C. Bemis and Bemis, Breathouwer & Joseph, Portland.

George W. Mead, Portland, argued the cause for respondent Western Land Development Co. With him on the brief was Alan H. Johansen, Portland.

Lofton L. Tatum, Peter G. Voorhies, and Wood, Wood, Tatum, Mosser & Brooke, Portland, filed a brief for respondent Port of Portland.

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

LANGTRY, Judge.

The Port of Portland commenced a condemnation of certain frontage property along the Columbia River in Multnomah County. Included was property belonging to defendants Maxwell. In their answer in the condemnation proceeding Maxwells claimed severance damages for some property additional to that to which they appeared to hold record title, saying that the additional property which lies immediately east of their record title property had been acquired...

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