ODOT v. HUGHES

(96-2003, 96-2004; CA A99486 (Control), CA A99487)

986 P.2d 700 (1999)

162 Or. App. 414

STATE of Oregon, By and Through its DEPARTMENT OF TRANSPORTATION, Appellant, v. Kenneth R. HUGHES, Betty L. Hughes, Kenneth R. Hughes, dba Columbia River Honda/Suzuki/Polaris, Respondents.

Court of Appeals of Oregon.

Decided September 15, 1999.


Attorney(s) appearing for the Case

Janet A. Metcalf, Assistant Attorney General, argued the cause for appellant. With her on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

John F. Hunnicutt, St. Helens, argued the cause and filed the brief for respondents.

Before De MUNIZ, Presiding Judge, and DEITS, Chief Judge, and LANDAU, Judge.


DEITS, C.J.

Plaintiff, State of Oregon, seeks reversal and remand in a condemnation case in which the jury returned a verdict awarding defendants just compensation in the amount of $53,500. The trial court subsequently awarded costs and attorney fees to defendants in the amount of $23,550.53. That amount was later reduced to $17,723.75 on defendants' own motion. Plaintiff's only assignment of error concerns the trial court's grant of defendants' motion in limine...

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