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STATE BY AND THROUGH DEPT. OF TRANSP. v. LEE

No. A-7707-09924; CA 12387.

603 P.2d 1254 (1979)

43 Or.App. 701

STATE of Oregon BY AND THROUGH Its Department of Transportation, Respondent, v. Robert Leonard LEE and May Barbara Lee, Appellants, the Oregon Bank, an Oregon Banking Corporation, Respondent, Forbidden City, Inc., an Oregon Corporation, and Sta Cap, Inc., a Dissolved Oregon Corporation, Defendants.

Court of Appeals of Oregon, In Banc.

Resubmitted December 4, 1979.

Decided December 17, 1979.

Attorney(s) appearing for the Case

Richard A. Uffelman, Portland, argued the cause for appellants. With him on the brief were Paul R. Romain, and Martin, Robertson, Neill, Uffelman & Anderson, Portland.

Mary J. Deits, Asst. Atty. Gen., Salem, argued the cause for respondent State of Oregon. With her on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

No appearance for respondent The Oregon Bank.

Resubmitted In Banc December 4, 1979.**

RICHARDSON, Judge.

Defendants Lee appeal the judgment based on a jury verdict in a condemnation proceeding wherein the state sought to acquire defendants' property for construction of a highway. The property involved consisted of real property, including a restaurant.

The principal issue at trial was the compensation for taking of defendants' land and business. The particular difficulty...

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