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LINCOLN LOAN CO. v. STATE, STATE HIGHWAY COM'N

536 P.2d 450 (1975)

LINCOLN LOAN CO., an Oregon Corporation, Appellant, v. STATE of Oregon, by and through Its State Highway Commission, et al., Respondents.

Court of Appeals of Oregon.

Decided June 16, 1975.

Attorney(s) appearing for the Case

Steven E. Benson, Milwaukie, argued the cause and filed the brief for appellant.

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

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

SCHWAB, Chief Judge.

Plaintiff appeals from an order of the trial court sustaining a demurrer to its complaint seeking damages on the theory of inverse condemnation.1 The trial court sustained the demurrer on the ground that the allegations of the complaint as a matter of law did not allege facts constituting a taking.

The facts contained in plaintiff's complaint are accepted as true for the purposes of ruling on a demurrer, and...

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