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DOUGLAS CTY. v. BRIGGS

578 P.2d 1261 (1978)

34 Or.App. 409

DOUGLAS COUNTY, a Body Politic and Corporate of the State of Oregon, Appellant, v. R.A. BRIGGS and Gertrude Briggs, Husband and Wife, and Gertrude Briggs, Individually, Respondents.

Court of Appeals of Oregon.

Argued and Submitted March 21, 1978.

Attorney(s) appearing for the Case

Paul Nolte, County Counsel, Roseburg, argued the cause and filed the briefs, for appellant.

Gordon G. Carlson, Roseburg, argued the cause and filed the brief, for respondents.

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

TANZER, Judge.

The issue in this declaratory judgment proceeding is whether Douglas County's decision to eliminate all access from defendant's property to an abutting county road is a taking for which compensation must be paid.1 The circuit court concluded that a compensable taking had occurred and entered judgment for defendants. The county appeals, contending that the elimination of access...

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