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STATE EX REL. DEPT. OF TRANSP. v. SINGH

110469; A149566.

306 P.3d 745 (2012)

257 Or. App. 322

STATE of Oregon, by and through its DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. Kulwinder SINGH; Marvin E. Horn and Patricia A. Horn, husband and wife; Raymond E. Ellis; and Corvallis Market, Inc., an Oregon corporation, dba Corvallis Market, Defendants-Respondents.

Court of Appeals of Oregon.

Decided June 26, 2013.

Attorney(s) appearing for the Case

Karla H. Ferrall , Assistant Attorney General, argued the cause for appellant. With her on the briefs were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Adam R. Kelly , Portland, argued the cause for respondents Kulwinder Singh and Corvallis Market, Inc. With him on the brief were Cynthia M. Fraser and Garvey Schubert Barer.

No appearance for respondents Marvin E. Horn and Patricia A. Horn.

No appearance for respondent Raymond E. Ellis.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.

DUNCAN, J.

In this condemnation case, plaintiff, the Oregon Department of Transportation, appeals a judgment of the trial court dismissing its condemnation action against defendant.1 On defendant's motion for summary judgment, the trial court concluded that plaintiff's prelitigation offer, required by ORS 35.346(1), to acquire an easement on part of defendant's property and to compensate him for the loss of rights of access to public roads...

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