CLARKE v. PORT OF PORTLAND


543 P.2d 1099 (1975)

George W. CLARKE and Melba Y. Clarke, Appellants, v. The PORT OF PORTLAND, a Political Sub-Division of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided December 29, 1975.


Attorney(s) appearing for the Case

John L. Schwabe and Mark H. Wagner, Portland, argued the cause for appellants. With them on the briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Donald J. Morgan, Portland, argued the cause for respondent. With him on the brief were Wood, Wood, Tatum, Mosser & Brooke, Portland.

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


SCHWAB, Chief Judge.

The trial court ruled that plaintiffs' inverse condemnation complaint failed to state a cause of action.

Plaintiffs alleged that the Port of Portland had adopted a Master Plan for expansion of the Portland Airport under which their property would eventually be condemned; that the Multnomah County Comprehensive Plan was amended to state the plaintiffs' property "is to be acquired pursuant to The Port's Master Plan"; that the Port has in...

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