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HAMMER v. CITY OF EUGENE

16-00-12795; A122564.

121 P.3d 693 (2005)

202 Or. App. 189

John P. HAMMER, on behalf of himself and all others similarly situated, Respondent, v. CITY OF EUGENE, a political subdivision of the State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided October 12, 2005.

Attorney(s) appearing for the Case

William F. Gary, Eugene, argued the cause for appellant. On the briefs were Jens Schmidt and Harrang Long Gary Rudnick, P.C.; on the reply brief was Karla Alderman.

Donald Joe Willis, Portland, argued the cause for respondent. With him on the brief were Michael T. Garone, Jill S. Gelineau, and Schwabe, Williamson & Wyatt, P.C.

David J. Hunnicutt, Tigard, Oregonians in Action, and Meriem L. Hubbard, Pacific Legal Foundation, filed the joint brief amicus curiae for Pacific Legal Foundation.

Before HASELTON, Presiding Judge, and LINDER and ROSENBLUM, Judges.

ROSENBLUM, J.

This is an interlocutory appeal in a class action against the City of Eugene (the city) for inverse condemnation. The city exacted real property interests from the class members as a condition to granting their applications to partition land.1 Plaintiff, the class representative, argued before the trial court that the class members are entitled to just compensation under the Takings Clause of the Fifth Amendment to the United...

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