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STATE EX REL. STATE HIGHWAY COMM. v. CENTER

543 P.2d 1084 (1975)

STATE of Oregon ex rel. State Highway Commission, Respondent, v. Jack CENTER et Ux., Appellants, First National Bank of Oregon, a National Banking Association, Defendant.

Court of Appeals of Oregon.

Decided December 22, 1975.

Attorney(s) appearing for the Case

Edwin J. Peterson, Portland, argued the cause for appellants. With him on the brief were Tooze, Kerr, Peterson, Marshall & Shenker, Portland.

Al J. Laue, Asst. Atty. 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 THORNTON, JJ.

THORNTON, Judge.

The state brought a condemnation proceeding against defendants in connection with a project to widen Highway 66 near Ashland. Defendants are the owners of real property abutting Highway 66 and operate an auto body shop and towing service on their property.

After jury trial defendants obtained a verdict and judgment for $10,278.50. The award was to compensate them for land actually taken and also for the decreased value of their remaining land...

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