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STATE DEPT. OF TRANSPORTATION v. SCHOPPERT

82-10-232; CA A34843.

728 P.2d 80 (1986)

82 Or.App. 311

STATE of Oregon, by and through Its Department of Transportation, Appellant, v. Ray O. SCHOPPERT, Irene E. Schoppert, Fred J. Schoppert, Also Known As Freddie J. Schoppert, and Donna R. Schoppert, Respondents.

Court of Appeals of Oregon.

Decided November 12, 1986.

Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Richard C. Bemis, Milwaukie, argued the cause for respondents. With him on the brief was Redman, Carskadon and Bemis, Milwaukie.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

In this condemnation action, the state appeals from an order granting defendants' motion to set aside the judgment and for a new trial. ORCP 64 B. The court granted the motion on the ground that it had committed two errors during trial. Those errors were, first, allowing the state to amend its second amended complaint to allege a lower value as just compensation for the property taken than it had alleged in the...

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