BERMAN CORP. v. STATE EX REL. STATE HIGHWAY COM'N


547 P.2d 192 (1976)

The BERMAN CORPORATION, a Corporation, Appellant, v. STATE of Oregon ex rel. its STATE HIGHWAY COMMISSION, composed of Glenn L. Jackson, et al., Respondent.

Court of Appeals of Oregon.

Decided March 22, 1976.


Attorney(s) appearing for the Case

James H. Spence, P.C., Roseburg, argued the cause and filed the brief for appellant.

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 Robert A. Holland, Asst. Atty. Gen., Salem.

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


THORNTON, Judge.

Plaintiff appeals from the trial court's ruling which sustained defendant's demurrer to plaintiff's inverse condemnation complaint on the ground that it failed to state a cause of action. Plaintiff declined to plead further and brings this appeal.

The ultimate question for our determination is whether a businessman-property owner is entitled to compensation under Art. I, § 18, Oregon Constitution, for lost profits caused by temporary...

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