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STATE, BY & THROUGH DEPT. OF TRANSP v. JEWETT

559 P.2d 1312 (1977)

28 Or.App. 531

STATE of Oregon, BY and THROUGH Its Department of Transportation, Appellant, v. Robert V. JEWETT and June D. Jewett, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided February 14, 1977.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the appellant's brief were Lee Johnson, former Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem; with him on the appellant's reply brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Lawrence M. Dean, Astoria, argued the cause for respondents. With him on the brief was Macdonald, Dean, McCallister & Snow, Astoria.

Before THORNTON, P.J., and TANZER and RICHARDSON, JJ.

THORNTON, Presiding Judge.

This appeal involves the application of the doctrine of collateral estoppel to a series of condemnation actions brought by plaintiff Department of Transportation.

The state appeals from a partial summary judgment order holding that the state was collaterally estopped to litigate a secondary issue in the case, namely, the liability of the state for damages under a theory of inverse condemnation on account of allegedly causing a massive...

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