BITTE v. CITY OF ST. HELENS


446 P.2d 978 (1968)

Fred BITTE and Margaret Bitte, Appellants, v. CITY OF ST. HELENS, Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 13, 1968.

Reargued September 5, 1968.


Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause for appellants. On the brief were Van Natta & Petersen, St. Helens.

David O. Bennett, City Atty., St. Helens, argued the cause and filed a brief for respondent.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.


DENECKE, Justice.

The defendant city vacated part of a street abutting on plaintiffs' property. The city council found that the value of the plaintiffs' property was not depreciated by the vacation and did not award plaintiffs any damages. The plaintiffs appealed to the circuit court and the circuit court dismissed plaintiffs' appeal for lack of jurisdiction because the plaintiffs had not appealed in conformance with the statute. Plaintiffs appeal from the order of...

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