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SUESS BUILDERS CO. v. CITY OF BEAVERTON

40-569; CA A32936.

714 P.2d 229 (1986)

77 Or.App. 440

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

Court of Appeals of Oregon.

Decided January 29, 1986.

Review Denied April 16, 1986.

Attorney(s) appearing for the Case

Terry D. Morgan, Portland, argued the cause and filed briefs for appellants.

Carrell F. Bradley, Hillsboro, and Lawrence Derr, Portland, argued the cause for respondents. With them on brief were Schwenn, Bradley & Batchelor, Hillsboro, and Weiss, DesCamp, Botteri & Huber, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiffs appeal an adverse judgment on their inverse condemnation and 42 U.S.C. § 1983 (1982) claims. The claim for inverse condemnation seeks just compensation for property that allegedly has been taken in fact for public use and is based on the Oregon Constitution, Article I, section 18, and the Fifth Amendment, made applicable to the states through the Fourteenth Amendment.1 The claim under 42 U.S.C.

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