MARTIN v. DEPT. OF TRANSPORTATION

91C-10659; CA A74234.

857 P.2d 225 (1993)

122 Or. App. 271

Gordon R. MARTIN, Appellant, v. STATE of Oregon, By and Through the OREGON DEPARTMENT OF TRANSPORTATION, an agency of the State of Oregon, and City of Tigard, a municipal corporation, Respondents.

Court of Appeals of Oregon.

Decided August 4, 1993.


Attorney(s) appearing for the Case

Charles D. Ruttan, Portland, argued the cause for appellant. With him on the brief were G. Kenneth Shiroishi, I. Kenneth Davis, and Dunn, Carney, Allen, Higgins & Tongue, Portland.

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for respondent State of Oregon. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem. Charles E. Corrigan and O'Donnell, Ramis, Crew & Corrigan, Portland, joined in the brief for respondent City of Tigard.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.


LEESON, Judge.

Petitioner seeks review of a circuit court judgment affirming an order of the Oregon Department of Transportation (ODOT) in other than a contested case. ORS 183.484; ORS 183.500. We affirm.

In August, 1989, the city of Tigard (the city) applied to ODOT for a permit to improve a road. ODOT granted the permit, which specified a completion date of September, 1990. Because of unforeseen difficulties in obtaining the right-of-way, the project was...

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