DEUPREE v. ODOT

99-3085-E-2; CA A109725

22 P.3d 773 (2001)

173 Or. App. 623

Stanley W. DEUPREE, Trustee of the Philip W. Deupree Trust U.T.A.D. November 9, 1999, and Donald Grissom, Appellants, v. STATE of Oregon, acting by and through the DEPARTMENT OF TRANSPORTATION; Del Huntington, Russ Hopkins, Michael Arneson and John Vial, Respondents.

Court of Appeals of Oregon.

Decided April 25, 2001.


Attorney(s) appearing for the Case

Robert E. Bluth, Medford, argued the cause for appellants. With him on the briefs was Bluth & Billin, P.C.

David F. Coursen, Assistant Attorney General, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


BREWER, J.

Plaintiffs appeal from a summary judgment and judgment on the pleadings in favor of defendants, who are the Oregon Department of Transportation (ODOT) and four ODOT employees. Plaintiffs contend that the trial court erred in dismissing their claims for inverse condemnation and violation of 42 USC § 1983 on the ground that the claims were not ripe and in dismissing their claim under ORS 105.755(2) for damages for loss of access to their property resulting...

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