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DEPT. OF TRANS. v. LUNDBERG

CC A8801-00481; CA A50223; SC S37157; CC A8711-06919; CA A50779; SC S37205.

825 P.2d 641 (1992)

312 Or. 568

STATE OF OREGON, by and through Its Department of Transportation, Respondent On Review, v. Walter C. LUNDBERG, Individually and As the Personal Representative of the Estate of Frances J. Lundberg, Deceased, Petitioner On Review. State of Oregon, by and through Its Department of Transportation, Respondent On Review, v. Atlas Construction Company, an Oregon Corporation That Took Title As Atlas Construction Co., an Oregon Corporation, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided January 30, 1992.

Attorney(s) appearing for the Case

G. Kenneth Shiroishi, Portland, argued the cause for petitioner on review Walter C. Lundberg. With him on the petition were Dunn, Carney, Allen, Higgins & Tongue, John M. Keller, and Keller & Keller, P.C., Portland.

Paul G. Dodds, Portland, argued the cause for petitioner on review Atlas Const. Co. On the petition were James W. Hendry and Brownstein, Rask, Sweeney, Kerr, Grim & DeSylvia, Portland.

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

UNIS, Justice.

In these consolidated cases, the State of Oregon, by and through its Department of Transportation (plaintiff), acquired two pieces of property, located along S.E. 82nd Avenue in Portland, in condemnation actions under its power of eminent domain.1 At each trial, the state offered evidence of the existence of a sidewalk dedication ordinance passed by the City of Portland (city)....

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