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DEPT. OF TRANSPORTATION v. STALLCUP

(CC 000242E2; CA A117839; SC S51873).

138 P.3d 9 (2006)

341 Or. 93

STATE of Oregon, by and through its DEPARTMENT OF TRANSPORTATION, Respondent on Review, v. Walter B. STALLCUP, Petitioner on Review, and Fleet Business Credit Corporation, fka Sanwa Business Credit Corporation, a Delaware corporation, Respondent.

Supreme Court of Oregon.

Decided June 22, 2006.

Attorney(s) appearing for the Case

E. Michael Connors, Davis Wright Tremaine LLP, Portland, argued the cause for petitioner on review. With him on the brief were Jeffrey J. Schick and Christopher P. Koback.

Jas. Jeffrey Adams, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DEMUNIZ, BALMER, and KISTLER, Justices.

CARSON, J.

The issue in this condemnation case is whether ORS 35.346(5)(b) requires the parties to a condemnation action to disclose every written opinion of value prepared by an appraiser, including draft appraisals and other preliminary reports.1 After the condemnation trial below, the state moved, pursuant to ORCP 71 B and C, to set aside the judgment based upon newly discovered evidence that...

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