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CITY OF SILVERTON v. PORTER

559 P.2d 1297 (1977)

28 Or.App. 415

CITY OF SILVERTON, a Municipal Corporation, Respondent, v. Edward Clay PORTER et al., Appellants.

Court of Appeals of Oregon.

Decided February 8, 1977.

Attorney(s) appearing for the Case

A.B. Cummins, Jr., Salem, argued the cause for appellants. With him on the briefs were Rhoten, Rhoten & Speerstra, and Geo. A. Rhoten, Salem.

Dennis W. Bean, Silverton, argued the cause and filed the brief for respondent.

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

TANZER, Judge.

In May, 1973, the City of Silverton commenced an action for condemnation of defendants' land, and pursuant to ORS 35.265,1 obtained a court order granting it "immediate possession of and the right to occupy defendants' property * * * for the purpose for which it is being condemned * * *." The City deposited with the court the sum of $12,600, as estimated just compensation for the property. Defendants withdrew the money,...

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