CITY OF SALEM v. H.S.B.

Nos. 132292, CA A31107.

707 P.2d 73 (1985)

75 Or.App. 556

CITY OF SALEM, a Municipal Corporation, Appellant, v. H.S.B., Thomas B. Hill, Jr., Robert G. Brady, Jr., William J. Staats, and Margaret J. Staats, Respondents, M.P. Materials Corporation, an Oregon Corporation, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided October 2, 1985.

Reconsideration Denied November 22, 1985.


Attorney(s) appearing for the Case

David J. DeMartino, Asst. City Atty., Salem, for appellant. With him on briefs was William J. Juza, City Atty., Salem.

John E. Frohnmayer, Portland, for respondents. With him on brief were Barbee B. Lyon and Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


NEWMAN, Judge.

Plaintiff appeals a judgment for defendants and intervenor in a condemnation action. On March 2, 1982, the city condemned 4.9 acres in the southeast corner of a 39-acre parcel (the west parcel) for the right-of-way of the Salem Parkway. H.S.B., a partnership, owned the west parcel. The city alleged that the value of the 4.9 acres, and the damages, if any, from the taking, were $90,950. More than 30 days before trial it offered defendants $115,000. ...

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