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DOUGLAS COUNTY v. BROWN

No. 77-0786; CA 12624.

600 P.2d 945 (1979)

42 Or.App. 527

DOUGLAS COUNTY, a Political Subdivision of the State of Oregon, Respondent, v. Mack E. BROWN, Appellant.

Court of Appeals of Oregon, In Banc.

October 8, 1979.

Attorney(s) appearing for the Case

Mack E. Brown, argued the cause and filed the brief for appellant.

Edward P. Fitch, County Counsel, Roseburg, argued the cause and filed the brief for respondent.

THORNTON, Judge.

This appeal involves a dispute as to the construction of ORS 35.346, which authorizes the awarding of attorney fees to landowners in condemnation proceedings under certain circumstances.

Defendant is a landowner whose property was taken by plaintiff Douglas County on April 14, 1977. "Just compensation" for the taking was determined by the jury in August, 1978. Defendant moved for the allowance of costs and attorney fees pursuant to this statute...

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