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HIGHWAY COMMISSION v. NUNES ET AL

233 Or. 547 (1963)

379 P.2d 579

STATE HIGHWAY COMMISSION v. NUNES ET AL

Supreme Court of Oregon.

Reargued February 6, 1963.

Reversed and remanded March 13, 1963.

Attorney(s) appearing for the Case

J. Robert Patterson, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, Salem, and L.I. Lindas, Assistant Attorney General and Chief Counsel for Oregon State Highway Commission, Salem.

Stanley C. Jones, Medford, argued the cause for respondents. Joel B. Reeder, Medford, reargued the cause for respondents. On the brief were Jones, Reeder & Bashaw.

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

REVERSED AND REMANDED.

O'CONNELL, J.

Plaintiff appeals from a judgment of the circuit court of Jackson county in a highway condemnation action to secure a right of way for highway purposes. Defendants had been in the business of selling topsoil, sand, and gravel from the property. The highway necessitated the taking of a part of the land. As a result of the taking plaintiff was deprived of access to a part of his land not taken. Plaintiff alleged that these...

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