STATE HIGHWAY COMMISSION v. COMPTON


507 P.2d 13 (1973)

STATE of Oregon, by and through Its State HIGHWAY COMMISSION, Composed of Glenn L. Jackson et al., Petitioner, v. Joyce COMPTON, Formerly Joyce Glazebrook, and Richard N. Compton, Wife and Husband, Respondents, Joan Allen, Individually and As Executrix of the Estate of A.E. Allen, Deceased, and Multnomah County, a Political Subdivision of the State of Oregon, Defendants.

Supreme Court of Oregon.

Decided March 1, 1973.


Attorney(s) appearing for the Case

John W. Osburn, Sol. Gen., Salem, argued the cause for petitioner. With him on the brief were Lee Johnson, Atty. Gen., Al J. Laue, and Leslie B. Hampton, Asst. Attys. Gen., Salem.

John L. Schwabe, Portland, argued the cause for respondents. With him on the brief were Andrew F. Fink and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, and HOWELL, JJ.


HOWELL, Justice.

The State of Oregon, through the Highway Commission, filed an action in eminent domain to take a portion of defendants' property for highway purposes. A jury returned a verdict for defendants for $78,500 as compensation for the taking. Defendants, unsatisfied with the award, appealed to the Court of Appeals, which reversed the judgment and remanded the case for a new trial. 9 Or.App. 264, 490 P.2d 743 (1971). We granted...

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