WIARD MEM. PARK DIST. v. WIARD COMMUNITY POOL

9802641CV; A109789.

52 P.3d 1080 (2002)

183 Or.App. 448

WIARD MEMORIAL PARK DISTRICT, Respondent, v. WIARD COMMUNITY POOL, INC., an Oregon corporation, aka Harry Wiard Swimming Pool, Inc., an Oregon corporation, Appellant.

Court of Appeals of Oregon.

Decided August 28, 2002.


Attorney(s) appearing for the Case

Joel S. DeVore argued the cause for appellant. With him on the briefs was Luvaas, Cobb, Richards & Fraser, P.C.

Robert S. Hamilton argued the cause for respondent. With him on the brief was deSchweinitz & Hamilton.

Before ARMSTRONG, Presiding Judge, and LANDAU and KISTLER, Judges.


KISTLER, J.

The trial court granted plaintiff's petition to condemn defendant's property. On appeal, defendant argues that plaintiff abused its discretion when it determined that taking defendant's property was most compatible with the greatest public good and the least private injury. We affirm.

Plaintiff is the Wiard Memorial Park District, which is located in Klamath Falls. It is a public entity responsible for maintaining several acres of parks in the...

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