ODOT v. WINTERS

(9604-03061; CA A100371)

10 P.3d 961 (2000)

170 Or. App. 118

STATE of Oregon, By and Through its DEPARTMENT OF TRANSPORTATION, Respondent, v. Howard A. WINTERS, Appellant.

Court of Appeals of Oregon.

Decided September 27, 2000.


Attorney(s) appearing for the Case

Donald Joe Willis argued the cause for appellant. With him on the briefs were Karen O'Kasey and Michael A. Cohen.

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before DEITS, Chief Judge, and WOLLHEIM and BREWER, Judges.


BREWER, J.

Defendant owned property adjacent to State Highway 125 in Multnomah County. In 1996, plaintiff, the State of Oregon, through the Department of Transportation, proposed to acquire a strip of property from defendant along the highway for the purpose of mitigating rock slides. Defendant opposed the acquisition, and plaintiff commenced this action for condemnation. In his answer, defendant asserted three counterclaims for inverse condemnation and one counterclaim...

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