1. Home
  2. Browse Decisions
  3. P.2d
  4. 776 P.2d
  5. 776 P.2d 870 (1989)
 

CITY OF LAKE OSWEGO v. BABSON

84-6-103, 84-6-185; CA A43073 (Control), CA A43074.

776 P.2d 870 (1989)

97 Or.App. 408

CITY OF LAKE OSWEGO, a Municipal Corporation of the State of Oregon, Appellant, v. James C. BABSON, Defendant, and Frances N. Casey, Also Known As Frances W. Casey, Respondent. City of Lake Oswego, a Municipal Corporation of the State of Oregon, Appellant, v. Frances W. Casey, Formerly Frances W. Nutt, Respondent, Kenneth Sherman, Trustee; Far West Federal Bank, S.B., Formerly Cascade Federal Savings and Loan Association; and American Federal Savings and Loan Association, Formerly Salem Federal Savings and Loan Association, Defendants.

Court of Appeals of Oregon.

Decided July 5, 1989.

Attorney(s) appearing for the Case

Sandra N. Duffy, Deputy City Atty., Lake Oswego, argued the cause and filed the briefs for appellant. With her on the reply brief was James M. Coleman, Lake Oswego.

Richard C. Bemis, Milwaukie, argued the cause for respondent. With him on the brief were David Gernant, Portland, and James E. Redman and Redman & Bemis, Milwaukie.

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

DEITS, Judge.

In this eminent domain case, city appeals from two separate judgments1 awarding respondent $39,365 and $47,858 and requiring city to take the fee titles to the properties that are subject to the easements. Plaintiff argues that the trial court erred in requiring it to acquire the fees and in its valuation of the properties. We reverse and remand.

In March, 1984, city adopted a resolution declaring a public necessity...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases