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DOUGLAS COUNTY v. BRIGGS

No. 76 2052; CA 9099; SC 25859.

593 P.2d 1115 (1979)

286 Or. 151

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

Supreme Court of Oregon.

Decided April 24, 1979.

Attorney(s) appearing for the Case

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

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

Before HOLMAN, P.J., and TONGUE, HOWELL, BRYSON, LENT and LINDE, JJ.

HOLMAN, Justice.

Douglas County brought a declaratory judgment proceeding to determine whether it was required to compensate defendants for loss of access from defendants' property to an established abutting county road which had been converted by the county into a throughway. The trial court concluded that severing defendants' rights of access constituted a compensable taking and entered judgment for defendants. The Court of Appeals affirmed the judgment upon the...

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