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STATE, DEPT. OF TRANSPORTATION v. DUPREE

95-2064; CA A94440 (Control) and CA A94890.

961 P.2d 232 (1998)

154 Or. App. 181

STATE of Oregon, By and Through its DEPARTMENT OF TRANSPORTATION, Appellant, v. Marilyn K. DUPREE, aka Marilyn K. Taylor, Respondent, and Damien B. Dupree and Key Bank of Oregon, an Oregon banking association, Defendants.

Court of Appeals of Oregon.

Decided May 27, 1998.

Attorney(s) appearing for the Case

Mary H. Williams, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Wade Regier, Portland, argued the cause for respondent. With him on the brief were Gary M. Bullock and Bullock and Regier.

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

ARMSTRONG, Judge.

The state appeals from a judgment on a jury verdict that awarded defendant $94,215 as compensation for property that the state took to widen a highway.1 The state argues that the trial court erred when it denied, in part, the state's motion for a peremptory instruction on the award of compensation to defendant for a change in her access to the highway and when it instructed the jury that it could consider the change in...

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