NYMAN v. CITY OF EUGENE


574 P.2d 332 (1978)

32 Or.App. 307

Ruth E. NYMAN, Respondent, v. CITY OF EUGENE, a Municipal Corporation, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted In Banc December 9, 1977.

Decided January 30, 1978.


Attorney(s) appearing for the Case

John B. Arnold and Stanton F. Long, Eugene, argued the cause for appellant. With them on the briefs was Johnson, Harrang & Mercer, Eugene.

Terence J. Hammons, Eugene, argued the cause for respondent. With him on the brief was Hammons, Phillips & Jensen, Eugene.


BUTTLER, Judge.

This proceeding involves a controversy submitted without suit or action pursuant to ORS ch. 27. Defendant City of Eugene appeals from an adverse judgment which would have the effect of rendering void action taken by the Lane County Court (County Court) in 1952, and of requiring the city to compensate plaintiff (and perhaps all other owners involved) for a five-foot strip of land extending the length of her property abutting a public road defendant...

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