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OK NOVELTY SERVICE, INC. v. STATE OF OR.

921324; CA A82388.

909 P.2d 183 (1996)

138 Or. App. 480

OK NOVELTY SERVICE, INC., an Oregon corporation, Appellant, v. STATE of Oregon and Oregon State Lottery Commission, Respondents.

Court of Appeals of Oregon.

Decided January 3, 1996.

Attorney(s) appearing for the Case

Jad Lemhouse, Brownsville, argued the cause and filed the briefs for appellant.

Virginia L. Linder, Solicitor General, argued the cause for respondents. With her on the brief were Theodore R. Kulongoski, Attorney General, and Pamela G. Wood, Assistant Attorney General.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

ARMSTRONG, Judge.

Plaintiff brought an action to recover compensation for an alleged taking of its property by the state. Before December 1, 1991, plaintiff owned and leased to others in Oregon 78 electronic amusement devices that qualify as "gray machines" under ORS 167.117(7). That statute defines gray machines to be certain electrical or electro-mechanical devices that are used to play games.

In 1991, the Oregon legislature enacted ORS 167.164, which, among...

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