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ODOT v. KESTERSON

96-2040; A111903

47 P.3d 546 (2002)

182 Or. App. 105

STATE of Oregon, by and through the DEPARTMENT OF TRANSPORTATION, Appellant, v. Steven T. KESTERSON, Respondent, and Robert Hillecke and Walter D. Buchanan, Defendants.

Court of Appeals of Oregon.

Decided June 5, 2002.

Attorney(s) appearing for the Case

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

Richard W. Todd, Portland, argued the cause for respondent. With him on the brief was Bertoni & Todd.

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

EDMONDS, P.J.

Plaintiff, the Oregon Department of Transportation, appeals from a supplemental judgment awarding defendant attorney fees and costs in this condemnation action.1 It argues that the amount of the jury's verdict was the same as the amount of the highest offer that the state made at least 30 days before the commencement of the trial and that defendant is therefore not entitled to fees...

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