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STATE, DEPT. OF TRANSP. v. HEWETT PROFESSIONAL GROUP

CC 9108-05286; CA A77301; SC S41575.

895 P.2d 755 (1995)

321 Or. 118

STATE of Oregon, By and Through its DEPARTMENT OF TRANSPORTATION, Respondent v. HEWETT PROFESSIONAL GROUP, a joint venture comprised of John B. Brams, Thomas S. Miller, M.D., Corinne D. Miller, and Peter Lyon, M.D., Petitioner on Review, and Capital Consultants, Inc., an Oregon corporation, Defendant.

Supreme Court of Oregon.

Decided May 18, 1995.

Attorney(s) appearing for the Case

James N. Westwood, of Miller, Nash, Wiener, Hager & Carlsen, Portland, argued the cause for petitioner on review. With him on the petition and brief was Dennis P. Rawlinson.

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

Dorothy S. Cofield, Tigard, filed briefs on behalf of amicus curiae Oregonians In Action.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER and DURHAM, JJ.

GRABER, Justice.

In this condemnation action, defendant appealed from the judgment of the circuit court. Defendant argued that it was improperly precluded from pursuing at trial its affirmative defenses and counterclaims that addressed issues of valuation. The Court of Appeals affirmed, concluding that any error was harmless. Dept. of Transportation v. Hewett Professional Group, 128 Or.App. 480, 483, 876...

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