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CITY OF PORTLAND v. NUDELMAN

No. A7611 16000; CA 11088.

608 P.2d 1190 (1980)

45 Or.App. 425

CITY OF PORTLAND, a Municipal Corporation, Acting by and through the Portland Development Commission As the Duly Designated Urban Renewal Agency of the City of Portland, Appellant, v. Alysmae NUDELMAN; Helen Ester Spivak; Herbert J. Semler; Laurence R. Semler; Rex Amusement Company, an Oregon Corporation; Semler Optical Dept., Inc., an Oregon Corporation; Abe Saltman, Dba Dave's Delicatessan; Jeffrey Brady; Ruth E. Semler, Dba Economy Optical Supply Co.; Economy Dental Supply Co., an Oregon Corporation, Respondents, Gordon Guttman, Dba Guttman Gitarre Shop; in-Ha Kim, Dba Oriental Health Foods and Cosmetics; Speck of Earth Gallery, Inc., an Oregon Corporation; the Oregon Sign Corporation, an Oregon Corporation; Macand, Beebe Co., an Oregon Corporation; Mary Patterson, Dba Mary's Hideaway Barber Shop; O.F. Murphy; Carolyn Murphy; Portland Actors' Ensemble, an Oregon Corporation; James Kness, Dba Quadra Research and Development Group; Nudelman Brothers, Inc., an Oregon Corporation; John Nelson; Mildred E. Johanneson, Dba Lela's Beauty Shop; Jeffrey W. Gulley and Connee R. Gulley, Dba Oregon School of Music and Dance; Kent Hollaway; John Doe I; John Doe II; a Corporation; B Corporation; and C Corporation, Defendants.

Court of Appeals of Oregon.

Decided March 24, 1980.

Attorney(s) appearing for the Case

James E. Griffin, Portland, argued the cause for appellant. With him on the briefs was Williams, Stark, Hiefield, Norville & Griffin, P.C., Portland.

Robert K. Udziela, Portland, argued the cause for respondent Rex Amusement Company. With him on the brief was Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Paul R. Meyer, Portland, argued the cause for respondents other than Rex Amusement Company. With him on the brief were Elizabeth Yeats, and Kobin & Meyer, Portland.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

BUTTLER, Presiding Judge.

This condemnation proceeding was commenced by the Portland Development Commission, the urban renewal agency of the City of Portland, to acquire certain real property, improvements and fixtures. The land and building, known as the Semler Building, were owned by three siblings, defendants Laurence R. Semler, Alysmae Nudelman, and Helen Ester Spivak. Over half of the usable space in the building was occupied by members of that family. The remaining...

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