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DYKEMAN v. STATE

No. 77-135; CA 9045.

593 P.2d 1183 (1979)

39 Or.App. 629

Robert DYKEMAN, Appellant, v. STATE of Oregon and James E. Ward, Respondents.

Court of Appeals of Oregon.

Decided April 23, 1979.

Attorney(s) appearing for the Case

Mike Stebbins, North Bend, argued the cause for appellant. With him on the briefs was Hayner, Waring & Stebbins, North Bend.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

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

THORNTON, Judge.

This appeal involves an action under the Tort Claims Act, ORS 30.260 to 30.300, for damages on account of the alleged wrongful issuance and cancellation of a building permit. Plaintiff appeals from the lower court's granting of defendants' motion to strike portions of the complaint, and the sustaining of defendants' demurrer to the remaining allegation of the complaint.

Plaintiff alleged, in pertinent part:1

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