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STATE HIGHWAY COMM. v. ERNEST

234 Or. 253 (1963)

380 P.2d 988

STATE HIGHWAY COMMISSION v. ERNEST

Supreme Court of Oregon.

Affirmed April 24, 1963.

Petition for rehearing denied May 14, 1963.

Attorney(s) appearing for the Case

Glenn McCarty, Portland, argued the cause for appellant Laura S. Ernest. On the brief were McCarty & Rosacker, Portland.

Robert A. Bennett, Portland, argued the cause for respondent-cross appellant Fred H. Knapp. On the brief were Lenon & Willner, Portland.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

AFFIRMED.

O'CONNELL, J.

This is a condemnation proceeding. The property condemned was owned by defendant Laura Ernest and was occupied by defendant Fred Knapp under a lease which had approximately eight years to run at the time of the taking.1 The case was tried by the court without a jury. Judgment was entered for $46,400 as the value of the property taken. Thereafter the proceeding continued...

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