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DEPT. OF TRANSPORTATION v. ZINK

9004-02041; CA A69265.

850 P.2d 1171 (1993)

119 Or. App. 498

STATE of Oregon, By and Through its DEPARTMENT OF TRANSPORTATION, Respondent, v. Thomas W. ZINK and Marsha A. Zink, Appellants, and Pacific First Bank, a federal savings bank, successor in interest to Oregon Trail Savings & Loan Association, an Oregon corporation; North Pacific Insurance Company, a foreign corporation; and Gordon L. Yunker and Edwin A. Yunker, Defendants.

Court of Appeals of Oregon.

Decided April 21, 1993.

Attorney(s) appearing for the Case

G. Kenneth Shiroishi, Portland, argued the cause for appellants. With him on the briefs were George W. Mead, Jr. and Dunn, Carney, Allen, Higgins & Tongue, Portland.

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

PER CURIAM.

In this condemnation action by the state to acquire property for street improvement purposes, defendant assign error to the trial court's denial of their motion in limine. They sought to exclude as evidence of value a county rule requiring the dedication of part of the property as a condition of its development. Although this case differs in some particulars from Dept. of Trans. v. Lundberg, 312 Or. 568,

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