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DEUPREE v. DEPARTMENT OF TRANSP.

74871 and 74872; A106690

43 P.3d 1122 (2002)

180 Or. App. 395

Stanley W. DEUPREE, Trustee of the Philip W. Deupree Trust U.T.A.D. November 9, 1999 and Donald Grissom, Petitioners, v. DEPARTMENT OF TRANSPORTATION, Respondent.

Court of Appeals of Oregon.

Decided April 3, 2002.

Attorney(s) appearing for the Case

Robert E. Bluth, Medford, argued the cause for petitioners. With him on the briefs were Richard Billin and Bluth & Billin, P.C.

Holly Ann Vance, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and LINDER and ARMSTRONG, Judges.

EDMONDS, P.J.

Petitioners seek review of an order of the Department of Transportation (ODOT) canceling two permits for approach roads, located at mile posts (MP) 9.79 and 9.81 on Highway 62 (the highway). We review ODOT's order for substantial evidence and errors of law, ORS 183.482(8), and affirm.

The material facts are undisputed. Petitioners own real property in the City of Eagle Point that abuts the highway. Until...

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