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STATE BY & THROUGH DEPT. OF TRANS. v. STAFFORD

580 P.2d 574 (1978)

34 Or.App. 983

STATE of Oregon, BY and THROUGH Its Department of Transportation, Appellant, v. Louis R. STAFFORD and Rose M. Stafford, Respondents.

Court of Appeals of Oregon.

Decided June 20, 1978.

Attorney(s) appearing for the Case

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Lawrence M. Dean, Astoria, argued the cause for respondents. Jeanyse R. Snow, Astoria, filed the brief for respondents.

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

BUTTLER, Judge.

Plaintiff in this condemnation action appeals from an award of attorneys fees to defendants pursuant to ORS 35.346(2).1

While the sole issue is the allowance of attorneys fees to the condemnees, a brief summary of the facts is necessary to an understanding of our resolution of the issue. On February 3, 1974, a landslide occurred at "Silver Point" in the vicinity of defendants' property, depreciating its value. On...

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