HALL v. STATE EX REL. OREGON DEPARTMENT OF TRANSPORTATION

(CC 081164; CA A146386; SC S060879).

326 P.3d 1165 (2014)

355 Or. 503

S. Fred HALL; and Viewcrest Investments, LLC, an Oregon limited liability company, Petitioners on Review, v. STATE of Oregon, by and through the OREGON DEPARTMENT OF TRANSPORTATION, Respondent on Review, and Westek Properties, LLC, Intervenor.

Supreme Court of Oregon, En Banc.

Decided May 30, 2014.


Attorney(s) appearing for the Case

W. Michael Gillette , Schwabe, Williamson & Wyatt, P.C., Portland, argued the cause for petitioners on review. With him on the briefs was David Anderson.

Stephanie L. Striffler , Assistant Attorney General, Salem, argued the cause for respondent on review. With her on the brief were Mary H. Williams , Deputy Attorney General, Anna M. Joyce , Solicitor General, and Patrick M. Ebbett , Assistant Attorney General.

Denis M. Vannier , Deputy City Attorney, Portland Office of City Attorney, Portland, filed a brief on behalf of amicus curiae League of Oregon Cities.


BREWER, J.

Plaintiffs, the owners of real property in Linn County, brought an inverse condemnation action against the Oregon Department of Transportation (ODOT). Plaintiffs alleged in their complaint and undertook to prove at trial that ODOT, by repeatedly making representations to others about its intention to landlock their property and initiate a condemnation action, created a nuisance that "blighted" plaintiffs' property...

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