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THORNBURG v. PORT OF PORTLAND

233 Or. 178 (1962)

376 P.2d 100

THORNBURG v. PORT OF PORTLAND

Supreme Court of Oregon.

Reversed and remanded November 7, 1962.

Petition for rehearing denied January 5, 1963.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellants. With him on the briefs were Wayne Hilliard, Cecil H. Greene, and Koerner, Young, McColloch & Dezendorf, Portland.

Lofton L. Tatum, Portland, argued the cause for respondent. With him on the brief were John G. Holden and Wood, Wood, Tatum, Mosser & Brooke, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

A trial jury denied plaintiffs the compensation which they sought in an action for "inverse condemnation".1 In so doing, the jury necessarily found that the Port of Portland had not taken the plaintiffs' property. The plaintiffs appeal.

The issues in their broadest sense concern the rights of landowners adjacent to airports and the rights of the public in the airspace near the ground....

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