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CANBY MANOR ESTATES, LLC v. ODOT

CV08100513; A145091.

251 P.3d 214 (2011)

241 Or. App. 504

CANBY MANOR ESTATES, LLC, an Oregon limited liability company, Petitioner-Respondent, v. OREGON DEPARTMENT OF TRANSPORTATION, a department of the State of Oregon, Defendant-Appellant, and Hummelt Development Company, an Oregon corporation, Defendant.

Court of Appeals of Oregon.

Decided March 16, 2011.

Attorney(s) appearing for the Case

Jeremy C. Rice , Assistant Attorney General, argued the cause for appellant. With him on the brief were John R. Kroger , Attorney General and David B. Thompson , Interim Solicitor General. On the reply brief was Mary H. Williams , Solicitor General.

Erick Haynie , Portland, argued the cause for respondent. With him on the brief were Seth J. King and Perkins Coie LLP.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

SCHUMAN, P.J.

Petitioner, a mobile home park operator, owns property that abuts a state highway. Defendant Oregon Department of Transportation (ODOT) approved an application to construct a new "approach" to that highway as part of the development of a Rite-Aid store near petitioner's property. The approval was conditioned on the developer erecting a median on the highway that would restrict turns—including turns in and out of petitioner's mobile home park....

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