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DE PHILLIPS v. STATE HWY. COM.

203 Or. 561 (1955)

280 P.2d 763

De PHILLIPS ET UX. v. STATE HIGHWAY COMMISSION

Supreme Court of Oregon.

Affirmed March 9, 1955.

Attorney(s) appearing for the Case

Tallant Greenough, Coquille, argued the cause and filed briefs for appellants.

Ralph W.G. Wyckoff, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, C.W. Enfield, Assistant Attorney General and Chief Counsel for Oregon State Highway Commission, and Leonard I. Lindas, Assistant Attorney General, Salem.

Before WARNER, Chief Justice, and LUSK, BRAND and LATOURETTE, Justices.

AFFIRMED.

LATOURETTE, J.

On March 22, 1952, plaintiffs, August De Phillips and Nancy De Phillips, filed an action against the defendant, State Highway Commission, to recover damages occasioned by change of grade of Chetco avenue in the unincorporated town of Brookings in Curry county. From a judgment entered on a directed verdict for defendant, plaintiffs appeal.

The question posed is whether damages are recoverable by an abutting property owner for...

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