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CASCADIA LUMBER CO. v. OREGON STATE HIGHWAY

524 P.2d 569 (1974)

CASCADIA LUMBER COMPANY, Appellant, v. OREGON STATE HIGHWAY Commission, Respondent.

Court of Appeals of Oregon.

Decided July 22, 1974.

Rehearing Denied August 22, 1974.

Review Denied September 24, 1974.

Attorney(s) appearing for the Case

James H. Lewelling, Newport, argued the cause and filed the brief, for appellant.

Al J. Laue, Asst. Att. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

FORT, Judge.

Plaintiff commenced an action in inverse condemnation seeking damages for rock removed by defendant from land which plaintiff alleged it owned. The defendant in an affirmative defense sought to quiet title in the defendant to the disputed tract from which the rock was taken. The court, disposing of the case solely on defendant's claim to quiet the title, held that the title should be quieted in the defendant and entered its decree accordingly. Plaintiff...

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