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

545 P.2d 105 (1976)

LINCOLN LOAN CO., an Oregon Corporation, Petitioner, v. STATE of Oregon, by and through Its State Highway Commission, Composed of Glenn L. Jackson, et al., Respondent.

Supreme Court of Oregon.

Decided January 22, 1976.

Attorney(s) appearing for the Case

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

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

Before O'CONNELL, C.J., and McALLISTER, DENECKE, TONGUE, HOWELL and BRYSON, JJ.

McALLISTER, Justice.

Plaintiff Lincoln Loan Co. brought this inverse condemnation1 action against the Oregon State Highway Commission to recover damages for an alleged taking of plaintiff's property in the process of the construction of the East Portland Freeway by allegedly placing a "cloud of condemnation" over the property, which resulted in a "condemnation blight" and a de facto taking, not...

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