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ODOT v. FULLERTON

C97-1304CV; A106704

34 P.3d 1180 (2001)

177 Or. App. 254

STATE of Oregon, by and through its DEPARTMENT OF TRANSPORTATION, Respondent, v. Leslie W. FULLERTON, and Karen Fullerton, husband and wife, Appellants, and Howard W. PETERSON and Eunice F. Peterson, husband and wife, Defendants.

Court of Appeals of Oregon.

Decided October 17, 2001.

Attorney(s) appearing for the Case

John Dudrey, Portland, argued the cause for appellants. With him on the briefs was Williams Fredrickson, LLC.

David Farris Coursen, 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 EDMONDS, Presiding Judge, and ARMSTRONG and BREWER, Judges.

EDMONDS, P.J.

In this condemnation proceeding, the State of Oregon through the Department of Transportation (ODOT), condemned property belonging to defendants for the Camelot/Sylvan Interchange project on Highway 26 in Portland. After defendants Peterson defaulted, ODOT filed an amended complaint alleging that the just compensation for defendants Fullertons' property was $74,500.1 The Fullertons

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