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LUCAS v. ODOT

(94-2146; CA A103340)

4 P.3d 745 (2000)

168 Or. App. 593

Susan LUCAS and Robert Lucas, Appellants, v. STATE of Oregon, By and Through the DEPARTMENT OF TRANSPORTATION, Respondent.

Court of Appeals of Oregon.

Decided June 28, 2000.

Attorney(s) appearing for the Case

Robert A. Lucas and Lucas and Associates, Rainier, filed the briefs for appellants.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Mary H. Williams, Assistant Solicitor General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

ARMSTRONG, J.

Plaintiffs own property in Rainier, lots 7 and 8,1 that fronts on B Street, which is also U.S. Highway 30. They seek a declaration that they have rights of access from that property to B Street and that defendant Oregon Department of Transportation (ODOT) could not place a sidewalk in front of the property without giving notice, conducting a hearing, and making findings. The trial court granted defendant's motion for summary...

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