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STATE, DEPT. OF TRANSPORTATION v. ALTIMUS

CV 89-137; CA A66578.

905 P.2d 258 (1995)

137 Or. App. 606

STATE of Oregon, By and Through its DEPARTMENT OF TRANSPORTATION, Respondent, v. Floyd Thomas ALTIMUS and Janice M. Church, Appellants, and Russell Olson, Defendant.

Court of Appeals of Oregon.

Decided November 15, 1995.

Attorney(s) appearing for the Case

Charles F. Hudson, Portland, argued the cause for appellants. With him on the original briefs were Robert E. Maloney, Jr., and Lane Powell Spears Lubersky, Portland. With him on the supplemental briefs were Robert E. Maloney, Jr., George W. Mead, Jr., Hillsboro and Lane Powell Spears Lubersky.

Jas. Adams, Salem, argued the cause for respondent. With him on the original brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General. With him on the supplemental brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

The defendant property owners' appeal in this condemnation action is before us on remand from the United States Supreme Court. Altimus v. Oregon, 513 U.S. ____, 115 S.Ct. 44, 130 L.Ed.2d 6 (1994). In our earlier decision, we affirmed the trial court's judgment awarding defendants compensation of $7,000 from the state for the latter's taking of the property for use in connection with a highway project. Dept. of Transportation v. Altimus,...

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