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STATE EX REL. DEPT. OF TRANSP. v. TURNIDGE

579 P.2d 284 (1978)

34 Or.App. 543

STATE of Oregon ex rel. Department of Transportation, Respondent, v. Donald L. TURNIDGE and Ruth L. Turnidge, Husband and Wife, Gordon E. Turnidge and Evelyn C. Turnidge, Husband and Wife, and Also All Other Persons Unknown Claiming Any Right, Title, Estate, Lien or Interest in the Real Property Described in the Complaint Herein, Appellants.

Court of Appeals of Oregon.

Decided May 30, 1978.

Attorney(s) appearing for the Case

Owen M. Panner, Bend, argued the cause for appellants. On the brief were C. Montee Kennedy and Panner, Johnson, Marceau, Karnopp & Kennedy, Bend.

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

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

THORNTON, Judge.

Plaintiff State of Oregon brought suit to quiet title to a 250-acre tract of real property located on the west side of the Willamette River in Polk County in the vicinity of the confluences of the Willamette, Santiam and Luckiamute rivers. Only the 66 acres next to the Willamette River are actually in dispute, however, inasmuch as defendants do not challenge plaintiff's claim to the remaining approximately 184 acres. Defendants own property lying...

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