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MATTER OF URBAN RENEWAL AGENCY OF CITY, EUGENE

542 P.2d 908 (1975)

In the matter of the Question in Controversy between the Urban Renewal Agency of the City of Eugene, a Corporate Entity, Appellant, and Pacific Northwest Bell Telephone Company, a Washington Corporation, Respondent.

Court of Appeals of Oregon.

Decided November 24, 1975.

Attorney(s) appearing for the Case

Joe B. Richards, Eugene, argued the cause for appellant. With him on the briefs were Luvaas, Cobb, Richards & Fraser, Eugene.

Lloyd G. Hammel, Jr., Portland, argued the cause for respondent. With him on the brief were Alan J. Gardner, Portland, and John E. Jaqua, Eugene.

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

FORT, Judge.

This case was submitted to the trial court on an agreed statement of facts under ORS ch. 27. At the request of the Urban Renewal Agency of the City of Eugene, hereinafter known as ERA (Eugene Renewal Agency), and in accordance with the Urban Renewal plan adopted by the City in 1968, the City had vacated an alley in downtown Eugene. The alley contained underground conduit, poles, and cable of Pacific Northwest Bell (PNB). The question at issue is whether...

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