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SUESS BUILDERS CO. v. CITY OF BEAVERTON

SC 28615, CA A20101; TC 40569.

656 P.2d 306 (1982)

294 Or. 254

SUESS BUILDERS COMPANY, C. Robert Suess and Helen Suess, Petitioners On Review, v. CITY OF BEAVERTON, and Tualatin Hills Park and Recreation District, Respondents On Review.

Supreme Court of Oregon.

Decided December 29, 1982.

Attorney(s) appearing for the Case

Terry D. Morgan, Portland, argued the cause and filed briefs for petitioners on review. With him on the brief was Morgan & Shonkwiler, P.C., Portland.

Carrell F. Bradley, Hillsboro, argued the cause and filed briefs for respondents on review. With him on the brief was Schwenn, Bradley, Batchelor & Brisbee, Hillsboro.

Kevin L. Hanway, Lake Oswego, filed briefs for amici curiae Home Builders Ass'n of Metropolitan Portland, and Oregon State Home Builders Ass'n.

Roger J. Marzulla and Alison Ling Noven, Denver, Colo., filed an amicus curiae brief for Mountain States Legal Foundation. With them on the brief was Steven P. Couch, Co-counsel, Klamath Falls.

Before LENT, C.J., and LINDE, PETERSON, TANZER, CAMPBELL and CARSON, JJ.

LINDE, Justice.

Plaintiffs own 9.4 acres of land in the city of Beaverton. In a complaint against the city and the Tualatin Hills Park and Recreation District, plaintiffs allege that these governmental bodies temporarily deprived them of the rental value of the property and caused a permanent depression of its market value by designating the major part of the property as a future park site in the city's comprehensive land...

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