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HALL v. STATE EX REL. ODOT

A146386; 081164.

288 P.3d 574 (2012)

252 Or. App. 649

S. Fred HALL; and Viewcrest Investments, LLC, an Oregon limited liability company, Plaintiffs-Respondents, v. STATE OF OREGON, by and through the Oregon Department of Transportation, Defendant-Appellant, and Westek Properties, LLC, Intervenor.

Court of Appeals of Oregon.

Decided October 10, 2012.

Attorney(s) appearing for the Case

Patrick M. Ebbett , Assistant Attorney General, argued the cause for appellant. With him on the brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Denise Fjordbeck , Attorney-in-Charge, Civil/Administrative Appeals. With him on the reply brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

W. Michael Gillette , Portland, argued the cause for respondent. With him on the brief were Schwabe Williamson & Wyatt P.C. and Russell L. Baldwin .

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

SCHUMAN, P.J.

The jury in this inverse condemnation case found that plaintiffs' property had a fair market value of $4,000,000 before defendant's disputed activities and that these activities — repeated statements to the general public and potential purchasers that defendant intended to eliminate an I-5 interchange, thereby rendering plaintiffs' property landlocked, and then acquire it by condemnation — amounted to a substantial interference with plaintiffs...

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