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CITY OF SALEM v. H.S.B

CC 132292; CA A31107; SC S32285.

733 P.2d 890 (1987)

302 Or. 648

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

Supreme Court of Oregon, In Banc.

Decided March 3, 1987.

Attorney(s) appearing for the Case

David J. De Martino, Deputy City Atty., Salem, argued the cause for petitioner on review. With him on the petition was William J. Juza, City Atty., Salem.

John E. Frohnmayer, Portland, argued the cause for respondents on review. With him on the response were Marjory A. Wall and Tonkin, Torp, Galen, Marmaduke & Booth, Portland.

GILLETTE, Justice.

This is a condemnation case in which plaintiff, the City of Salem (the City) seeks review of a judgment for defendants and intervenor. The case began when the City condemned a portion of property belonging to defendants Hill, Brady and the Staats, through their partnership, H.S.B., (defendants) for use as a highway right-of-way. Intervenor M.P. Materials Corporation (MPM) claimed severance damages as a result of the condemnation, arguing in its...

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