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SPAGHT v. STATE, BY & TH. DEPT. OF TRANSP.

564 P.2d 1092 (1977)

29 Or.App. 681

Melvin SPAGHT and Eileen Spaght, Husband and Wife, Appellants, v. STATE of Oregon, BY and through the Department of Transportation, Highway Division, Respondent.

Court of Appeals of Oregon.

Decided June 1, 1977.

Attorney(s) appearing for the Case

Douglas J. Richmond, Coos Bay, argued the cause for appellants. On the briefs was Gary D. Rossi, Coos Bay.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

PER CURIAM.

Prior to August 20, 1957, plaintiffs, through their predecessors in title, had constructed an approach road on the right-of-way of State Highway 24 leading to property they owned. This approach road provided the sole access to the property which was used as a farm. In 1972 plaintiffs changed the use of the property and began development of a racetrack complex.

The issue in this declaratory judgment proceeding...

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