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STATE v. SEIDA

091148; A143831.

258 P.3d 1284 (2011)

243 Or. App. 555

STATE of Oregon, by and through its DEPARTMENT OF TRANSPORTATION, Plaintiff-Respondent, v. Suzanne L. SEIDA, et al., Defendants, and Seida Land & Livestock, LLC, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 15, 2011.

Attorney(s) appearing for the Case

Russell L. Baldwin , Depoe Bay, argued the cause and filed the briefs for appellant.

Patrick M. Ebbett , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

PER CURIAM.

The state filed a petition requesting precondemnation access to defendants' property so that the state could conduct testing and surveying related to the proposed widening of a highway. Defendants moved to dismiss the petition for the reason that the matter of access was best resolved in the context of already pending litigation between the parties. The trial court granted defendants' motion to dismiss without objection from the state after it ordered...

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