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HIGHWAY COM. v. ASSEMBLY OF GOD

230 Or. 167 (1962)

368 P.2d 937

STATE HIGHWAY COMMISSION v. ASSEMBLY OF GOD, PENTECOSTAL ET AL

Supreme Court of Oregon.

Reversed and remanded February 21, 1962.

Attorney(s) appearing for the Case

Robert H. Anderson, Assistant Attorney General, Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Attorney General, and L.I. Lindas and Charles Peterson, Assistant Attorneys General, Salem.

Orval N. Thompson, Albany, argued the cause for respondents. On the brief were Weatherford & Thompson.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, O'CONNELL and LUSK, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

Plaintiff appeals from a judgment on a verdict awarding defendants $3,792.75 as compensation for the taking of a portion of defendants' land for highway purposes. The defendants were also allowed $600 attorneys' fees and costs.

The property taken consisted of a strip of land along the edge of an existing highway. The defendants maintain a large church building on the portion of the property not taken. There is no...

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