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ODOT v. DELTA INN, INC.

(C950437CV; CA A100459)

3 P.3d 180 (2000)

168 Or. App. 50

STATE of Oregon, By and Through its DEPARTMENT OF TRANSPORTATION, Respondent, v. DELTA INN, INC., an Oregon corporation, Appellant, and First Interstate Bank of Oregon, N.A., a national banking association, and Korea Exchange Bank, a Washington state chartered banking corporation, Defendants.

Court of Appeals of Oregon.

Decided May 31, 2000.

Attorney(s) appearing for the Case

Charles F. Hudson argued the cause for appellant. With him on the briefs was Lane Powell Spears Lubersky LLP, Portland.

Mary H. Williams, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Janet A. Metcalf, Assistant Attorney General.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

HASELTON, J.

This case arises from a condemnation proceeding in which plaintiff, the Oregon Department of Transportation (ODOT), exercised its power of eminent domain to acquire interests in real property from defendant, Delta Inn, Inc. (Delta), in connection with improvement of a highway interchange in Wilsonville. Delta appeals from the trial court's determination that ODOT was entitled to costs and disbursements under ORS 35.346 (1995) on the basis that ODOT made...

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